• Marriage with foreign citizen

I am Hema , Malaysian citizen. My spouse is from Tamil Nadu, Indian citizen. Our marriage registration was done in Malaysia on28th June ‘24. We are planning for our traditional marriage in Tamil Nadu early December this year. 

After that will I be able to stay there as I will be coming over using tourist visa. 
How to change the visa / extend the stay period? Or do I need to go out from the country after a stay of 30days?
Or can we register our marriage using the marriage certificate from Malaysia? How should we go about it? How long will the process take? How much?

 Can I also apply for job in India?
Asked 4 months ago in Family Law
Religion: Hindu

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7 Answers

- If the marriage is registered before the Consulate of India under the provision of Foreign Marriage Act in Malaysia then it is valid in India and no required to register the same in India. 

- Further, if the marriage is not registered under the Foreign Marriage there , then you can register the marriage in India under the provision of Special Marriage Act, and for that 30 days stay in India is required. 

- The intention of marriage can be submitted by your husband in India before the marriage registrar after getting all your documents 

- You can apply for long term visa after the marriage. 

Mohammed Shahzad
Advocate, Delhi
14751 Answers
224 Consultations

You should register your marriage with Indian consulate under provisions of foreign marriage act 

 

2) in alternative register marriage in india under provisions of special marriage act on basis of Malaysian marriage certificate 

 

3) you can make application for conversion of tourist visa to long term visa 

 

4) 

As per the visa manual, tourist visa can be converted to X2 visa when the marriage takes place in India and gets registered within the validity of the present tourist visa.

5) the conversion of tourist visa to X2 would be allowed even if the marriage takes place on foreign soil.

Ajay Sethi
Advocate, Mumbai
97470 Answers
7880 Consultations

Since you were married to an Indian citizen it is advisable that you get your marriage registered under Indian laws also that too immediately.

You can get your marriage registered under foreign marriage act or special marriage act through Indian embassy at Malaysia or if you want to get it registered in India then you may have to observe the formalities as prescribed in law for this purpose under special marriage act.

A Malaysian citizen who marries an Indian national can convert their tourist visa to an "X-2" visa in India after marriage by applying to the concerned FRRO/FRO, as the policy allows for visa conversion upon marriage with an Indian citizen; however, they will need to provide necessary documents like a marriage certificate to support their application.

This conversion is possible only if you marry an Indian citizen.

You need to apply to the Foreigner Regional Registration Office (FRRO) or Foreigner Registration Officer (FRO) with your marriage certificate and other required documents. 

The converted visa will be an "X-2" visa, which is specifically for spouses of Indian nationals

As far as employment is concerned you can look for that after coming to India  as per the law. 

 

 

T Kalaiselvan
Advocate, Vellore
87671 Answers
2353 Consultations

You have to make application for registration of marriage solemnised in Malaysia with Indian embassy or consulate in Malaysia under provisions of foreign marriage act 

 

in such a case you don’t need to register marriage in india 

 

if you want to register marriage in india you have to apply to registrar under provision of special marriage act 

 

if your marriage is registered you can apply for conversion of visa 

Ajay Sethi
Advocate, Mumbai
97470 Answers
7880 Consultations

The Foreign Marriage Act of 1969 allows for the registration of marriages between Indian citizens that take place in a foreign country.

A marriage officer can register the marriage if they are satisfied that it was performed in accordance with the laws of the foreign country. The party who wants the marriage registered must inform the marriage officer in writing and pay the required fee.

Foreign Marriage act: 

Section 4 : Conditions relating to solemnization of foreign marriages - a marriage between parties one of whom at least in a citizen of India may be solemnized under this Act by or before a Marriage Officer in a foreign country, if, at the time of the marriage, the following conditions are fulfilled, viz - a) neither party has a spouse living, b) neither party is an idiot or a lunatic, c) the bridegroom has completed the age of twenty-one years and the bridge the age of eighteen years at the time of the marriage ; and d) the parties are not within the degrees of prohibited, relationship.

Provided that where the personal law or a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship.

T Kalaiselvan
Advocate, Vellore
87671 Answers
2353 Consultations

- If you want to validate of your marriage in Malaysia then you can registered the marriage there before the India Embassy in Malaysia. 

Procedure for Marriage Registration in India under the Special marriage Act:

  • The parties have to file a Notice of Intended Marriage after making an application in the office of the Marriage Registrar. Such notice can be given by the party who is residing in India. 
  • They can apply in the city/district, in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given. 
  • The Notice of Marriage will be published by the Marriage Registrar by affixing it in the notice board, for inviting objection if any. 
  • If any person has an objection to the marriage, then that person can raise objection within 30 days from the date of publication of Notice. 
  • If there is no objection, then after the expiration of 30 days from the date of publication of Notice, the marriage may be solemnized. 
  • The marriage can be solemnized at any place in the same district and even at the specified marriage registrar office. 
  • Both the parties of the Marriage along with three witnesses are required to be present before the Marriage Registrar on the date of registration/solemnization of marriage. 

When the marriage is solemnized then the Marriage officer will issue a Marriage Certificate after entering in a register, and after taking the signature of both the parties and three witnesses. This Marriage Certificate is a legal proof of marriage.

 

Documents Required for Registration of Marriage:

  • The Notice signed by both the parties
  • Receipt of fees paid along with the Notice
  • Proof of residence of both the parties
  • Proof of date of birth of both the parties, like birth certificate, educational certificate, passport etc.
  • Affidavit of both the parties
  • Copy of Passport of both the parties with valid Visa of the foreign national
  • Two passport size photograph of both the parties.
  • Documentary proof of staying more than 30 days in India of the foreign national.
  • No objection Certificate or marital status certificate from the concerned embassy or consulate in India by the foreign national.
  • Proof of residence and identity of all the three witnesses.

Mohammed Shahzad
Advocate, Delhi
14751 Answers
224 Consultations

Dear Client,

If you get your marriage certified under the Foreign Marriage Act in Malaysia in front of the Consulate of India, you don’t have to register it again in India as it is considered legal in India. Though, it is wise to visit the Indian High Commission in Malaysia to get your marriage certificate legalized for India or any other Indian official purposes or visa. If the parties have to marry under Special Marriage Act 1954 you require to file a notice to the Marriage Officer of the area in India along with certain documents which include passport size photographs, proofs of identity and residence as well as marriage certificate. This notice will be published, and if there are no complaints within a 30-day period then the marriage can be registered. In visa conversion, they normally ask for your marriage status which needs the presentation of a marriage certificate from the Indian consul. Some of the important legislations are Foreign Marriage Act, 1969 and Special Marriage Act, 1954, concerning with the registration of marriage in India.

 

I hope this advice is fruitful.

Anik Miu
Advocate, Bangalore
10371 Answers
121 Consultations

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