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.