• Marriage legal recognition

Hi 
I am a overseas citizen of India and also a Australian citizen. I got married in india in December 2022 in a ceremony with all our relatives and pandit ji solemnizing the marriage as per the Hindu Rituals. This is our second relationship. 
I want to know where I can obtain the certificate of registration and can the pandit who did the marriage provide it. I have all the photos . Is the marriage legally recognised in india and Australia.
Kindly tell me what to do as my husband no longer wants to register the marriage. I feel that I need to register the marriage for legal rights . Where do j go and ask . What do u do . I have two children who are both 18 and 20 and me and my husband live separately
Asked 4 months ago in Family Law
Religion: Hindu

8 answers received in 1 day.

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11 Answers

Pandit can only provide  certificate that he solemnised your marriage as per Hindi rituals 

 

for registration of marriage both parties have to jointly file application together with supporting documents 

 

3) non registration does not affect validity of marriage 

 

4) you must be having wedding invitation card ,wedding photographs 

Ajay Sethi
Advocate, Mumbai
97306 Answers
7860 Consultations

Non registration does not affect validity of marriage in India 

 

wedding invitation card ,wedding photos etc are sufficient to prove your marriage 

 

Ajay Sethi
Advocate, Mumbai
97306 Answers
7860 Consultations

- You can register the marriage in India under the provision of Special Marriage Act , and which is mandatory for going abroad and to be recognized in India and Australia. 

- The Pandit Ji can provide the marriage certificate but it will not work like a registered marriage 

- Further, if you both are living in Australia then the marriage can be registered even there under the provision of Foreign Marriage Act before the Consulate of India.

Mohammed Shahzad
Advocate, Delhi
14695 Answers
224 Consultations

Dear Madam,

You have to approach through local advocate in India in the city where your marriage celebration took place and find out different methods to get your marriage registered.

Kishan Dutt Kalaskar
Advocate, Bangalore
6193 Answers
491 Consultations

Non registration does not impact your marriage status. You must be having, marriage invitation cards, photos etc. that is sufficient to prove marriage in case of dispute. 

Marriage certificate will issue by Municipal corporation where marriage was solemnized. 

Yogendra Singh Rajawat
Advocate, Jaipur
23006 Answers
31 Consultations

Being a foreign citizen, your marriage with an Indian should have been registered under the provisions of Foreign marriage act or the special marriage act by observing the necessary legal formalities and certain requirements.

Your marriage conducted by a pandit following the religious rites and caste customs may be sufficient to establish that you legally married to him whereas, this will not enable you to establish your marriage with him In Australia in the absence of a government issued valid marriage certificate. 

a marriage between a foreign Hindu and an Indian Hindu in India can be legally valid, but it depends on the circumstances and the laws that apply.

If the marriage is under the Hindu Marriage Act, the Registrar of Marriages can issue a formal marriage certificate. If one of the parties is not Indian, the registrar may request a "no objection letter" and proof of any previous marriages.

Special marriage  act allows people from different religions and castes to marry, or people of the same religion or caste who don't want to follow their personal laws. Marriages under the Special Marriage Act are court marriages and don't involve rituals or ceremonies.

Foreigners can marry in India in some circumstances, but they may need to meet additional requirements and provide different documents than Indian citizens.

 

T Kalaiselvan
Advocate, Vellore
87508 Answers
2349 Consultations

For registration of your marriage he has to cooperate unless you cannot get your marriage registered in India.

Until your marriage is not registered under special marriage act or foreign marriage act, it can still not be considered as a legally valid marriage.

If you have got married to this spouse in the year 2022, then how come you have two adult children, it means you were married earlier and that marriage was dissolved by a court decree?

ELIGIBILITY CRITERIA  (for registering the marriage in India):

 At least one of the parties should be an Indian citizen.

 The bride groom must be 21 years of age; the bride must be 18 years of age.

 Neither party has a spouse living,

N.O.C. or Marital Status certificate from the concerned embassy or Consulate in India by a foreigner partner.

 Death certificate or divorce decree whichever is applicable, in case one of the parties 
had any marriages in the past.

Thus please be aware that it is not an easy process to get your marriage registered especially
if he is not cooperating

 

T Kalaiselvan
Advocate, Vellore
87508 Answers
2349 Consultations

Pandit cannot give you a Registration certificate of marriage. Even if they do, It would not be recognised overseas. 
Marriage registration is not necessary as per Indian law. Simple garland exchange also constitutes of marriage, which is valid in India.

In order to get your marriage registration done in India, consent as well as documentation of both the parties would be required. without that, Nothing can be done.

Siddharth Jain
Advocate, New Delhi
6386 Answers
102 Consultations

1. Marriage is required to be registered by before the Registrar who will issue the Certificate of Registration of Marriage duly signing on it.

 

2. It seems you have not got your said marriage registered as per law.

 

3. It will be prudent on your part to preserve all the evidence that you two had religiously married in India to prove before the Indian Court that you are married to your husband, in case it is so required at a later date.

 

Krishna Kishore Ganguly
Advocate, Kolkata
27508 Answers
726 Consultations

1. Non registration of your religious marriage does not invalidate it in India if you can prove that you two were religiously married in India.

 

2. In Australia, you shall have to struggle little hard to prove that you had married as per Hindu customs and rites and lived life as husband and wife for a considerable time though your said marriage was not registered in India.

Krishna Kishore Ganguly
Advocate, Kolkata
27508 Answers
726 Consultations

Dear Client,

In response to your issue, your marriage performed under Hindu traditions is legally recognized in India according to the Hindu Marriage Act, 1955. The certificate could however only be received by registering the marriage with the local Registrar of Marriages. The pandit cannot issue this certificate. This is if the husband agrees, but if he does not, then you can apply for registration with proof of marriage and in some cases force can be used legally. Again in Australia, people’s marriage which is legal in India is mostly accepted but one must possess a certificate for legal purposes. It is suggested to go for marriage registration so that you are safe legally. To continue, bring documents such as the wedding photographs, invitation cards, statements from the witnesses who assisted in the marriage registration process among others. This formalizes your marriage according to the laws of both India and Australia, and protects your rights such as the right to inheritance or spousal benefits.

I hope this insight provides the direction you need. If you need further assistance regarding this matter, do not hesitate to contact us again.

Anik Miu
Advocate, Bangalore
10312 Answers
121 Consultations

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