Is it necessary for an NRI marrying a foreign citizen (non Indian) , having legally registered the marriage in USA, to solemnize the wedding/register with the Indian consulate as well? Does the registration of Non resident Indian marriage bill apply to marriages with Non indians too? The plan is to have a religious ceremony later in India as well.
You should register your marriage with Indian embassy or consulate in USA under provisions of foreign marriage act to confer jurisdiction to Indian courts in case of disputes with your spouse
Non resident Indian marriage bill applies to every NRI who marries citizen of India or another NRI
Yes, but I am an I am NRI living in Germany and my partner is not an NRI , but an American in the armed forces. The wedding was a civil ceremony performed online in his home state in the United States on zoom call . What is the procedure then?
You should register your marriage with Indian embassy under provisions of foreign marriage act
non resident Indian marriage bill not applicable in your case
Okay. I don't plan to move to the USA or apply for a citizenship etc, for the next few years. Nor am I changing my name yet. My question, Should I register the marriage with the Indian embassy in Germany or the USA, since the marriage certificate is from the USA. Or is it enough if we register, during the religious ceremony in India, later this year?
Register marriage with Indian embassy or consulate in USA
in alternative register in India
Thank you. Can you also tell me if there is a time period within which this registration must be done? As we will not be able to travel to India, at least until November 2022. Also , will this affect my passport or visa in anyway? I am here on a student Visa until September this year. As I said, I'm not planning to change my name or nationality or anything right now.
You can register your marriage under provisions of special marriage act in India in November 2022
Dear Client,
The parties should register the marriage within one month from the date of marriage. Registration is done 30 days after the date of notice after deciding any objection that may have been received during that period by the SDM. Both parties along with three witnesses are required to be present on the date of registration.However, there is no mandate. Both parties should fill the application form. They have to submit two photographs of the marriage ceremony.Marriages can be registered in the virtual presence of parties also. The Delhi High Court has ruled that in the present times, citizens cannot be prevented from exercising their rights because of a rigid interpretation of law which calls for “personal presence”.
Thanks & Regards
Being a NRI and desirous of marrying a foreign citizen in that foreign country, do not want to claim any rights including visit visa for your spouse in India, then there may not be a necessary for you to get your marriage registered either in India or in the Indian consulate of that country.
It is as good as another marriage of the residents of that country
If you do not want to claim any rights in India and are not intending to settle down in India in future then there is no necessity to register your marriage as per Indian laws, you can ignore the issue.
You are planning to conduct a ceremony post wedding, it may be considered as a wedding reception or a family function and not a marriage.
You cannot get your marriage solemnised once again if you are already married especially without dissolution of your subsisting marriage.
Therefore it is not mandatory for you to get your foreign marriage registered once again in India, if it is not going to solve any purpose.
If you are planning to return to India and settle down in India forever, then you may approach the Indian consulate located in your country of residence and get your marriage registered under the provisions of special marriage act.
Do not delay it any further because f it is barred by time limitation then you may not be able to get it registered.
You need to do the formalities under NRI marriage regulations in India. The necessary registration and information for getting the Admissiblity in india
1. Marriage registration in India is not compulsory though suggested.
2. The marriage registration certificate is required in India for irrefutably establishing that the marriage has taken place in case divorce suit, DV case etc are filed in India.
3. Since you are going to marry a foreign citizen having legally registered the marriage in USA, you might choose to skip its registration before the Indian Embassy though ordinarily it will be prudent on your part to marry as per Special Marriage Act or Foreign Marriage Act and register your marriage before the Indian Embassy.
1. There is no dispute arisen and placed before the Indian Court so far wherein the marriage has been claimed to be solemnised online.
2. As per Hindu customs and tradition, 7 circles are required to be taken physically in addition to other religious marriage activities.
3. So, it can not be predicted whether Hindu Religious Marriage performed on line will be accepted by the Indian Court or not.
4. However, registration of marriage as per USA law or Indian law will be considered as marriage in addition to religious marriage performed physically.
1.If you have already registered your marriage in USA as per USA Law, then your religious marriage in India as per Hindu Customs will have no impact on your said marriage registered in USA.
2. Your notarising the certificate of marriage registered in USA before the Indian Embassy will not confer any right to you to claim any relief as per Indian Law.
1. If you are an Indian Passport holder and desirous of retaining your present identity and citizenship, it will be prudent on your part to get your marriage registered before the Indian Embassy as per Special Marriage Act or Foreign Marriage Act.
2. This marriage will be considered as valid in India for which any relief can be claimed by you from Indian Court later on.
My question is if I get the document certified by an apostille in the same state from which the document was obtained would it be enough? I have tried contacting both the consulates in my country of residence and the consulate in charge of the state in question. So , if I get the document apostille in the USA , will it be valid in India? Please let me know. Thank you.
Apostled documents would be valid in India
You need to get it executed in India for the as
Admissibility in india
The registration process is a tedious affair in India for the marriage solemnized in a foreign country between NRIZ and a foreign citizen.
The apostle documents would just support the application, you may have to comply with other various formalities.
Hence better consult a local advocate on India and proceed as suggested.
I'm sorry, I'm confused now. What is the procedure under these circumstances: 1. Marriage of an NRI to a foreign citizen registered in the USA 2. Not planning to settle down or live in India 3. To retain present identity for the current duration (at least a year or two) 4. Planning to visit India with partner for only 10-15 days either in Nov 2022 or next year 5. Going to have a religious ceremony in India 6. Not living in the same country as the country the marriage is registered in 7. Obtaining apostled document 8. Going to visit/move to another country that is neither present country of residence nor the two countries aforementioned 9. Have mailed consulates of India in both country of residence and country of registeration and no replies or answers to calls. 10. Does the marriage affect loans etc in india
Your marriage with a foreign citizen, solemnized as per the law of that country, besides you being a NRI do not have any legal impact in India even if you don't register the same in India India.
You will remain married as per marital status is concerned.
The ceremony you desire to conduct in India India can be considered as part of your marriage celebration and not a marriage itself because you are already married.
There's no necessity for getting apostle of the documents if you don't have to get your marriage registered in India India once again.
Since you are not going to settle in India in future you don't have to concerned about getting your marriage registered in India
You can visit India as a NRI whenever you desire to.
The decision is yours
Your marriage is valid in USA but if you want Indian courts to have jurisdiction in event of disputes then you should register marriage in india under provisions of special marriage act or register it with Indian embassy under provisions of foreign marriage act
If you are not planning to settle down or stay in India you dont need to follow indian law. You can take action as per US laws.
Dear Client,
Consulates usually take a month time to reply to emails. Kindly await patiently for the queries to be addressed by them.
Thanks & Regards
1. Your stated document is your marriage registration certificate which has been registered asper in USA per law of that Country.
2. You will certainly considered as a married couple in India who has registered their marriage in USA.
3. However, it will be difficult for you to get any legal relief or remedy in India as per Indian Law, post your marriage as per the said marriage certificate, since your marriage has nopt been registered as per Indian law.
1. You have married and registered your marriage abroad as per the law of your country of residence.
2. For any post marriage legal relief you shall have to approach the Court of the country which has registered your marriage.
3. Your said marriage will in no way affect your loan taken or to be taken in India.