You can register marriage in Australia under provisions of foreign marriage act with Indian consulate
2) in alternative marriage can be registered in India under provisions of special marriage act
My husband and I did a court marriage in Australia in June 2024 and we both come from different religions. My husband is Christian and I’m Hindu. Neither of us have converted and we want to understand under what act or section will our marriage be registered in india?
You can register marriage in Australia under provisions of foreign marriage act with Indian consulate
2) in alternative marriage can be registered in India under provisions of special marriage act
It will registered under Special Marriage act.
Your marriage will come under the purview of the Special marriage act, you can follow the procedures as prescribed in the special marriage act to register your marriage by complying with the necessary requirements for this purpose.
You can get your marriage registered in the Indian embassy at Australia also
Your marriage will be registered under the special marriage act.
You can arrange to get the marriage registered in India under Special Marriage Act.
- If you both are residing in Australia then you can even register the marriage under the provision of Foreign Marriage Act before the Consulate of India.
- However, if you want to register the marriage in India , then it will be register under the provision of Special Marriage Act.
Your marriage registration in Australia would suffice. There is no Requirement of getting it registered in India.
You can still do it under the special marriage act or foreign marriage act
Dear Client,
Since you and your husband have not embraced the other partner’s religion your marriage will be valid according to the special marriage act 1954 in India. This act provides for custom marriage and union of two families of different faiths without the need for changing the religion. For your marriage to be recognized, you must complete and file a notice of intended marriage with the marriage registrar in the local area at least one calendar month before the wedding ceremony. It includes affidavits for each person stating that you are single and not within the prohibited range of consanguinity, residence for at least a month in the said area, and a CNI from the Australian embassy or consulate stating that you are free to marry. After the two weeks of the notice period, you can actually go for a marriage ceremony in the presence of the registrar and at least three other people as witnesses, and be awarded a marriage certificate.
Hope you find this advice beneficial.