• Information regarding court marriage in Australia

I am asking this question on behalf of my friend. My friend had a court marriage when he went to Australia on visitor visa. No other marriage ceremony was performed according to the religious belief. Is that court marriage certificate is legal in India ? . Will that be considered as a criminal offence if he marries someone else in India?
Asked 6 years ago in Family Law
Religion: Hindu

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13 Answers

It appears his marriage was registered under Special Marriage Act or under Foreign Marriage Registration Act.

if that is so then it is as good as marriage as performed by Hindu rites and customs.

So lack of hindu rituals does not invalidate the marriage as long as there is a valid marriage certificate which is recognised in India.

 

If the marriage was not registered under these acts on foreign soil then such marriage is not valid in India.

 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Your friend should register marriage with Indian embassy or consulate in Australia under provisions of foreign marriage act 

 

2) your friend cannot remarry during subsistence of earlier marriage 

 

3) case of bigamy can be filed against your friend under provisions of section 494 of IPC 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Yes the court marriage certificate is valid in India.

Yes it will be considered as bigamy.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If he is married already any other marriage without divorce or death of the spouse will be illegal. It will be bigamy if he again marries any other woman

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Yes, if she comes to know that he had remarried in India, So as per Foreign Marriage Act she can file case against him in India.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Depends. Did he get married under the special marriage act? If yes then he is already married Nd can be prosecuted for bigamy if he marriws again.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Marriage and certificate both are valid and without divorce, second marriage is void and criminal offence.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

1. The said certificate mentioned b y you is a valid document evidencing the marriage of your bfriend.

 

2. He will be booked u/s294 of IPC for committing bigamy for which he will be punished with jail term of a maximum period of 7 years with or without fine, if his offence is proved.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Marriage is valid in India and if any of the party, remarry without the divorce or death of the opposite party, that party can be prosecuted for the offence of the Bigamy under section 494 of IPC.

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Dear Sir,

The following information may kindly be read:

A list of authorised marriage celebrants is contained on the Find a marriage celebrant page. This list also includes celebrants who identify as a religious marriage celebrant. Further information is also available in the New subcategory of religious marriage celebrants fact sheet.

Marriage equality

On 9 December 2017, the Marriage Amendment (Definition and Religious Freedoms) Act 2017 commenced. The Act changed the definition of marriage and provides for marriage equality in Australia. The right to marry in Australia is no longer determined by sex or gender. More information is available on the Marriage equality in Australia page.

Getting married in Australia

To be legally married in Australia, a person must:

  • not be married to someone else
  • not be marrying a parent, grandparent, child, grandchild, brother or sister
  • be at least 18 years old, unless a court has approved a marriage where one party is aged between 16 and 18 years old
  • understand what marriage means and freely consent to marrying
  • use specific words during the ceremony
  • give written notice of their intention to marry to their authorised celebrant, within the required time frame.

The celebrant you choose will help you understand these requirements.

You don't have to be an Australian citizen or a permanent resident of Australia to legally marry here. You can find marriage visa information on the Department of Home Affairs website, if you hope to live in Australia after your marriage.

Important paperwork - Notice of Intended Marriage

  • A new Notice of Intended Marriage form, which couples must use from 9 December 2017, is available on the Marriage stationery and forms page.
  • A completed Notice of Intended Marriage form must be given to your celebrant at least one month before the wedding. You can give it to your celebrant up to 18 months beforehand.
  • Your celebrant can help you complete the form. The notice may be completed and witnessed outside Australia if required.
  • Talk to your celebrant if there is less than one month before your wedding. A prescribed authority may approve a shorter notice time in some limited circumstances.
  • You will need to give your celebrant evidence of date and place of birth, identity and the end of any previous marriages for each party. Your celebrant may also ask you to complete a statutory declaration to support your evidence.

After you are married

On the day of your wedding, you will sign three marriage certificates. Each certificate should be signed by you, your celebrant and two witnesses. Your celebrant will give you one of the certificates as a record of your marriage.

Your celebrant must provide your marriage paperwork to the registry of births, deaths and marriages in the state or territory in which the marriage took place within 14 days.

The certificate issued by the registry of births, deaths and marriages is required for many official purposes. You should apply for a copy of this certificate from the registry after your wedding through the relevant registry of births, deaths and marriages.

Registered relationships

Some state and territory governments provide for people to register their relationship. You can find out more information from state and territory registries of births, deaths and marriages.

Getting married overseas

The Smartraveller website has detailed information about getting married overseas.

If you intend to marry overseas, please note that marriage celebrants authorised in Australia can only perform legal marriages within Australia.

An overseas marriage cannot be registered in Australia, and the foreign marriage certificate will be evidence the marriage has occurred. Ensure you keep this certificate as it may not be easy to replace if lost and it provides the only evidence of the overseas marriage.

Please note that it may not be possible to rely on a marriage certificate issued overseas for some purposes in Australia. A party to a marriage which takes place overseas may not be able to rely on an overseas marriage certificate to have an Australian driver's licence or an Australian passport issued in their married name.

An overseas marriage will generally be recognised in Australia if it:

  • was a valid marriage in the overseas country
  • would have been recognised as valid under Australian law if the marriage had taken place in Australia.

Can I get married in Australia on a tourist visa? this is a very common question and the answer is yes you can marry in Australia on a tourist visa (subclass 600) be it 3 months or 6 months there are no restrictions getting legally married. The only restriction is an Australian tourist visacomes with an 8503 clause which means no more extensions with no exceptions even if you marry in Australia your Thai partner will still have to return to Thailand.

You can then apply for an Australian partner visa for your Thai wife to return to Australia to live with you as man and wife but you have to go through the correct channels or else you could face rejection by the Australian Embassy in Bangkok so make sure you follow the correct procedure you can marry but make sure your Thai wife returns to Thailand after the 3 or 6 months holiday.

When your Thai partner or wife returns to Thailand with their Australian marriage certificate to get it recognized you will have to take it to the Australian Embassy in Bangkok and have it stamped, it should then be translated in to Thai language making sure the spellings are correct on the translation. After the translation has been done this should then be taken to the Thai Ministry of foreign affairs who will stamp the translation to say that it is correct and legalized by the Australian Embassy.

This can then be taken to any Thai registry office or Thai amphur and then registered on the Thai system as legal in Thailand which really should be done before you can change your Thai passport to the married name. Then you can consider applying for a partner visa to Australia so there are many steps to take before you can consider moving to Australia including Police checks and medicals so it is advisable to get professional help from Key Visa Thailand who have been helping clients get visas to Australia for over 14 years and as time passes and Immigration gets tougher around the World it also makes most Countries tighten their borders so making visas more difficult to obtain from the Australian Embassy in Bangkok.

Getting married in Australia is a good move and always shows good intentions to the Australian Government and is recommended and is always a happy moment in Australia when the Australian family can be present.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

under the Foreign Marriage Act, 1969 any marriage solemnised outside India between both or one of the party who was Indian citizen, that marriage will be valid under this Act. 

 It is an offence even if it is performed with the consent of the first wife. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Whether court marriage or any other type of marriage, if it was solemnised in a legally recognized manner then the marriage is very much valid.

Any marriage contracted subsequently would be considered as second marriage rendering it as void.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Yes the certificate from Australia will be legal in India. 

Yes it will be a criminal offence if he remarry someone else in India. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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