Dear Every One, Need your advise on this: I am Thai Citizen, Hindu Religion. I have married with my wife who is Indian, and Hindu religion. We married on 29th April 2018 and registered our marriage. Somehow the registrar has registered our marriage as the Hindu Marriage act. However in order to get it approve in Thailand, I have to do 3 step: 1. Attest with MEA Indian 2. Attest with Thai Embassy India 3. Attest with Indian Embassy in Thailand 4. Attest with Thai MEA in Thailand. The problem here is at the time of registar I didn't know that Hindu Marriage is not allowed between couple of different citizen. Any I got the registar to register our marriage as Hindu, it also got attested with MEA , New Delhi. When I took back to Thai Embassy in India they said that they can attest only on the special Marriage Act only. Now is it possible to change the Hindu Marriage Act to Special Marriage act, seeing that we have been married since 3 year with one kids? Really in trouble now. Please advise.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
Since you are foreign citizen your marriage should have been solemnised under provisions of special marriage act only
2) Once marriage is registered under HMA it cannot be registered again
3)your wife can file for divorce by mutual consent and then remarry her under provisions of SMA
You can apply as per the special marriage act to the marriage registrar and provide the objection raised by Thai embassy for the Hindu marriage act.
The marriage registrar can provide you certificate in special marriage act.
- As per law, a marriage can either be registered under the Hindu Marriage Act, or under the Special Marriage Act,
- Further , the Hindu Marriage Act applies to Hindus, whereas the Special Marriage Act applies to all citizens of India irrespective of their religion.
- Further, marrying a person from another nationality is governed by the Special Marriage Act.
- Further, an Indian citizen intending to marry outside India; can registered his marriage under the Foreign Marriage Act
- Hence, as one you is foreign national , should be registered marriage under Special marriage Act.
- Move an application before the Registrar to convert the said marriage under special marriage Act.
- Further, being a Thailand national , you can also register your marriage under Foreign Act as well.
You are married for all practical purposes. Your wife is living with you and you have a kid.Your marriage has to be registered as per the special marriage act. There is nowhere written in the Hindu marriage act that citizens of different countries cannot marry under the act.
Since the marriage has already been registered under Hindu marriage act, the registrar may not be able to cancel the registration.
You may have to file a suit for cancellation of the registration of marriage which was erroneously registered under Hindu marriage act and also seek direction to marriage registrar to register the marriage under Special marriage act for the reasons you rely upon after cancelling the current registration of the marriage.
The marriage certificate is void. So first file a suit to declare this certificate as void and thereafter apply afresh for registration under Hindu marriage Act after which other procedures would follow.
Dear Sir/ Madam
You can file an application before the Registrar to register the said marriage under Special Marriage Act. Please ensure that you make it clear in the application, the reason for your application and the objection raised by the thail embassy.
You have registered your marriage under Hindu Marriage Act, 1955 three years back. But you need to register under Special Marriage Act. You can still register you marriage under sma. It will not take more than 45 days. With the proof of marriage ceremony, not of registration of marriage, you can approach Registrar of Marriage producing all documents and get your marriage registered, after one month you marriage will be solemnized. No need to mention registration of marriage under Hindu Marriage Act, 1955. For further clarification you may contact me. Hit the like button if the advice is useful to you.
