• NRI marriage outside India

Hi, I am a resident of Dubai and the Indian embassy does not solemnise or register a marriage if either partner is a Muslim. They have asked us to get married via Abu Dhabhi Civil Marriage Act (inter-faith) and get it attested by Mofa and IVS Global Services. I want to know if following this process will be considered as registering the marriage in India or not?

Will it in future have any downside vs getting married under India Special Marriage ACt within India or if we were in a different country and the embassy of that country would have solemnised and registered the marriage both.
Asked 2 years ago in Family Law
Religion: Muslim

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6 Answers

No the said marriage will not be considered as registered in india but nay gave admissibility if you prove the same. For getting registration in india you need to solemnise  your marriage as per a Act or law which is recognising in india

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Marriages

Marriages solemnized at the Embassy are between two individuals, at least one of whom is an Indian citizen with a UAE employment/residence visa issued from Abu Dhabi/ Al Ain. Certain procedural formalities are to be completed before the marriage is solemnized.

REQUIREMENTS FOR MARRIAGE UNDER THE FOREIGN MARRIAGE ACT, 1969

  1. Form of Notice of Intended Marriage (4 copies)
  2. Declaration (by prospective bride and bridegroom) (2 copies)   
  3. Sworn Affidavit (by prospective bride and bridegroom) (1 copy to be filled by    each) 
  4. Four (4) identical recent passport size photographs of bridegroom and bride.
  5. At least one of the parties must have residence visa of Abu Dhabi/ Al Ain. 
  6. The Indian national intending to get married should produce an affidavit of singleness attested through IVS.
  7. If one of the parties is other than Indian, No Objection Certificate /Affidavit (in respect of individual regarding his/her marital status and willingness to marry an Indian) from the concerned Embassy which should be duly authenticated by Ministry of Foreign Affairs, UAE.
  8. Three witnesses (holding residence visa of UAE) with their original valid passports.
  9. All the five persons are required to appear before Marriage Officer for signatures with their original passport and a photocopy both at the time of submission of form and at the time of solemnization of the Marriage (photocopy required only at the time of submission of form)
  10. After submission of form, Newspaper advertisement is to be given by the individuals in local English Newspaper as well as English Newspaper in the place of permanent residence indicated in the Passport in India/concerned Country. Text of advertisement is as under:
    Mr. ________ holder of ____________ Passport bearing No. ______________ issued at __________ on _________ and Ms. ______________ holder of ____________ Passport bearing No. _________ issued at _____________ on _____________ intend getting married at Abu Dhabi under the Indian Foreign Marriage Act.  Objections, if any, may be conveyed to the Embassy of India, Abu Dhabi within 30 days on Telephone No. [deleted] or by e-mail: [deleted].

If the embassy is rejecting your application for non maintainable reasons, you can file an appeal against this decision before the MEA, government iof India, New Delhi for relief and remedy

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

it would no be registering marriage in India 

 

2) marriage has to be registered with Indian embassy or consulate in Dubai under provisions of foreign marriages act 

 

3) in alternative register marriage in india under provisions of special marriage act 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

- A marriage solemnized as per law of other country is not valid in India and hence if you are living in Dubai then the marriage can be performed before the Consulate of India under the Foreign marriage Act.

- However, if the marriage will be solemnized in Abu Dhabhi under the Muslim Law , then also you can register the marriage in India before the marriage Registrar . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

If the either party is Indian citizen than to validate the marriage, it has to be solemnize u/s SMA.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Dear Client,

The said marriage will not be considered registered in India, but it may be deemed admissible if you can provide sufficient evidence to support its validity. To obtain registration in India, it is necessary to solemnize your marriage in accordance with an Act or law recognized by the country.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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