You can register your marriage with Indian embassy or consulate in USA under provisions of foreign marriage act
2) marriage registered under FMA would be valid in India
Las Vegas marraige
Hello, Im Dutch (Holland) and my girlfriend is a Indian. We like to get married in Las Vegas to avoid my girlfriends parents interfering. They are heavily against our relationship and even more so to our wedding plans. My question is: Would a las Vegas marriage be legally binding in India as well? And if not, then what is it that my girlfriend and I can do to get married and have it legally binding in India without her parents be able to interfere and stop us? With kind regards, Lars
Asked 4 years ago in Family Law
Religion: Other
9 Answers
Registration of marriage is a mode of proof of marriage. A marriage in India is required to be registered under Indian marriage law. Las Vegas marriage is legally binding in India if it is registered under Indian law. In case a marriage between an Indian and a foreign national is to take place in India, the marriage has to solemnize under the Special Marriage Act of 1954.
You can use the Foreign Marriage Act, 1969 for getting validity of registration of marriage under the Indian consulate in Nevada or US. Section 18 of the act says that if any foreign marriage is not solemnized under this act then the parties cannot claim relief for the time being in force. It further states that when the parties marry in a foreign country than the relief can be claimed under this section.
A marriage under this act would be considered valid if it is solemnized:
- In fulfilment of the conditions laid down by the enactment,
- In accordance with the procedure prescribed by the enactment.
A foreign marriage solemnized in accordance with the said statutory procedure will be presumed lawful.
After the marriage is solemnized, parties can get themselves registered under the foreign marriage act, irrespective of the nationality of the other party. The pre-existing marriage must be registered under the act only when it satisfies all the conditions for a valid marriage given in section 4 of the act.The Marriage Officer may refuse to register a marriage under this section on the ground that in his opinion the marriage is inconsistent with international law or the comity of nations. For this, he has to give the reason in writing. If in case the Marriage Officer refuses to register a marriage under this section the party who has applied for registration can appeal to the Central Government in the prescribed manner within a period of thirty days from the date of refusal by the marriage officer; and the Marriage Officer will be binding by the decision of the Central Government on such appeal.
Registration of a marriage under this section shall come into action when the 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. A marriage registered under this section is deemed to have been solemnized under this Act from the day such certificate is issued.
The Foreign Marriage Act covers within its ambit, a marriage between an Indian and a Foreign citizen or two Indian marrying abroad. Unlike the Hindu Marriage Act, The Foreign Marriage Act is not concerned about religion. It focuses on the legal aspects governing the institution of marriage. Its features are derived from, both, The Hindu Marriage Act and The Special Marriage Act.
- If you both are major ,and living in Holland , then you can registered your marriage there after moving an application before the Consulate of India under the Foreign Marriage Act. ,
- This registered marriage is valid in India as well.
- Further, her parents having no right to interfere in your matrimonial relation and planning to marry with one another , and even they cannot file any compliant against you or her .
You can marry in the Sweden and registered as per the Indian foreign marriage act in the India.
The marriage solemnised in a country outside India, even if one of the parties to marriage is an Indian, shall not be a binding factor as per Indian laws unless the said marriage is registered with the Marriage officer in India or before a marriage officer in an Indian embassy/high commission of that country under foreign marriage act/special marriage act.
Hence it is advisable that you can get your marriage registered in the Indian embassy situated in Las Vegas after solemnising the marriage as per Indian laws, by complying with the formal requirements that are to be complied as per the provisions of special marriage act.
You should marry as per the provisions of the special marriage act and register it with the Indian embassy.
That would be a registered marriage which is valid as per the Indian laws.
Dear sir,
1.if you get married in Vegas, you need to get yourself registered under Marriage Officer in India or Register your marriage in an Indian Embassy under Foreign Marriage Act.
2.such registration would be valid in India as well.
3. Once your marriage is registered, it would a legal marriage and such cannot be interfered with, by her parents.
Thank you
1. You can marry under special marriage act of Foreign Marriage Act before the appropriate officer of Indian Consulate at your place.
2. Indian Consulate situated abroad is considered as part of India and as per special marriage act persons or different religions can marry.
3. The said marriage as stated above will be valid and binding on both of you in India.
1. A marriage by an Indian citizen solemnised/performed anywhere in the world is treated as valid in India.
2. You can marry under Foreign Marriage Act and get the marriage certificate issued by the Indian Consulate.
