• Marriage Registration and Marriage Certificate from India for Marriage conducted in USA

I am an Indian citizen (Hindu) got married to a German citizen (Christian) in USA in 2017 (2 years ago). We both currently reside in USA. Our civil marriage ceremony was conducted in San Francisco City Hall by a deputy marriage commissioner. We received a marriage certificate thereafter.
https://sfgov.org/countyclerk/marriage-general-information

Question:
Is it possible to:
1. get our marriage registered in India & 
2. get a marriage certificate from India 
on basis of this USA marriage ceremony time/date & pictures? If yes, what is the correct process?

P.S. don't ask me why I need another marriage certificate from India when I already have one from USA (long story, current certificate has some irreparable issues)
Asked 6 years ago in Family Law
Religion: Hindu

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16 Answers

You can register your marriage in USA with Indian embassy or consulate under provisions of foreign marriage act 

 

2) in alternative register marriage in India under provisions of special marriage act 

 

3) Marriage Officer issues a certificate of the marriage in the prescribed form and in the prescribed manner and make an entry in the Marriage Certificate Book, and such certificate shall be signed by the parties to the marriage and by three witnesses

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

One can not have multiple  marriage solemnized certificate between the same couple. This will be illegal and punishable under law.

So do not even try to obtain another marriage solemnized certificate, suppressing the fact that you are already married and your marriage had already been registered under foreign law,  under any Indian law like special marriage act

Procuring a marriage solemnized certificate under this act by any married person, shall be deemed to have committed an offence under section 494 or section 495 of IPC. Apart from these you shall be guilty of offence of furnishings false statement declaration under section 199 of IPC. 

Your foreign marriage certificate shall hold good in India . You can get it registered in your country under Foreign Marriage Act and get a marriage certificate issued under this act with reference to your original foreign marriage ceremony. You must surrender the foreign marriage certificate so as to withdraw  the applicabilty/adjudication of foreign law to any further marriage disputes.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Yes it is possible under special marriage act.

1. You have to stay in India for 30 days to apply and get registered under this act.

2. Apply to the registrar along with all the documents of both the parties like passport visa marriage certificate overseas address indian address and contact detail including adhar if issued.

No you have to stay for 30 days to get the certificate.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1.If your marriage is already registered then there is no scope for subsequent marriage registration . A married couple and registered under the relevant law can not subsequently register marriage under different Act unless the previous marriage registration was void and without any legal basis.

2. However if both of you are Hindu b birth or by conversion then you can perform marriage s per Hindu rites and then register the marriage under Hindu Marriage Act.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Under foreign marriage act you can get another marriage certificate from India 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Sir,

The marriages which are registered abroad need to be registered in India under the Special Marriage Act, 1954. For this purpose, you are required to obtain a letter from the embassy of the country in which the marriage has been registered. After receiving the letter, you have to follow the procedure mentioned in the Indian Law to get the marriage registered in India.

1. The Marriage which was solemnized and registered in any foreign country between two Indians (whether or not either of them has NRI status or not is immaterial here) can not give jurisdiction to Indian court unless and un-till the foreign marriage was duly Registered under the Foreign Marriage Act, 1969 in any of the foreign country (before the Indian High Commission and or before the Indian Consulate Generals Office as the case is) OR was certified under the Act in that foreign country where it was solemnized OR the marriage was got registered in India by the parties either under the Special Marriage Act, 1954 or any other Matrimonial enactment made for the registration of the marriage.

2. The family court in the foreign country where the marriage was solemnized and registered has jurisdiction to adjudicate the matrimonial dispute between the parties now.

3. Any other family court in any foreign country which recognises the marriage between the parties has jurisdiction to pursue the matter between the parties including divorce etc.

4. Indian courts do recognise the foreign marriage but what lack in instant brief is their adjudicating the matter between the parties is this legal formality of either registering the foreign marriage under the Indian enactment or getting it certified as stated in para 1 or para 2 replies based on your brief.

5. Since neither parties got their foreign marriage certified by Indian authorities in the Indian High Commission/Indian Embassy/Indian Consulate the problem to dissolve it now in India without any such Certificate having the Indian court cannot get jurisdiction to adjudicate any dispute between the parties to the marriage now.

• Marriages needs to be registered in India under Special Marriage Act to make it valid/legal in India to get it’s jurisdiction.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Unless you tell us the full facts of the case i cannot offer you a full solution to your problem.

But anyways the marriage was solemnnised in USA. Now it can be registered under the special marriage act

The bride can convert to Hinduism an then it would be easier. Obtain an arya samaj certificate.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Since marriage is already registered it cannot be registered in India you have already married as per US laws and certificate of same is there. Though suppressing that you want a marriage certificate based on the ceremony you can apply same before Embassy under the Foreign Marriage Act section 17 for registration of your marriage. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If the said marriage is conducted as per hindu marriage ceremonies you can apply for the same in Indian embassy to be certified the same. Generally marriage certificate is issued for marriages only Solemnised under special marriage Act or foreign marriage Act

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Approach the Consulate within whose jurisdiction you have been residing to get this marriage registered under the under Foreign Marriage Act, 1969. You can get your marriage registered under the Foreign Marriage Act at the payment of requisite fee. You need to supply to current US address and the Permanent Indian address to the Authorities. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Nops but can apostille the certificate at Indian Embassy. Certificate is valid for all purpose. Or apply for re marriage at Indian embassy, it will solemnized under foreign marriage act and certificate shall issued by Indian authority.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

You can register your marriage before the Indian Consulate. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

No need to register your marriage again in India.

As the certificate from USA will be enough to prove that you are married.

if still you want another certificate then you have to marry again In India. Because you won't be able to get marriage certificate in India on basis of marriage in USA

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. You have mentioned "Our civil marriage ceremony was conducted in San Francisco City Hall by a deputy marriage commissioner". Was it a religious marriage conducted performing religious ruites and customs? Was it solemnised as per Hindu Marriage Act? If no then you can not get a marriafgew certificate based on the sdaiod marriage conducted in the USA. However, you can marry in India and/or  get your said marriage registered in India as per Special Marriage Act.

 

2.If you can get your marriage registered in India as per Specialo Marriage Act, then you will certainly get the Marriage Certificate from the Registrar in India.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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

- Since your marriage is already registered in San Francisco City Hall by a deputy marriage commissioner ,then there is no need to be registered in India, specially when your wife is a foreign citizen.

- Marrying a girl from another nationality is governed by the Special Marriage Act.

-  For registereing the marriage in India ,the followings are needed :

  1. Birth certificates (for age proof)
  2. A valid visa of more than thirty days for the foreign national.
  3. A single-status affidavit signed by both parties. ...
  4. Address proof and passport size photographs.
  5. Adequate documentary evidence of 30-day residence in India

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You can get your marriage registered in India under the provisions of Special marriage act or foreign marriage act.

The formalities are different to tht of the regular marriages that are solemnized in India and getting registered under the said act.

You can obtain the details and the procedures from the office of the marriage registrar of the state through which you want to register your marriage.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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