You can get married in USA and register your marriage with Indian consulate under provisions of foreign marriage act
2) if you ate marrying a US citizen registration can be done in India under provisions of special marriage act
Hi, myself a divorcee and My fiancee is also a divorcee. Am an Indian citizen, and my fiancee is an US citizen (OCI). We are planning to get married and are planning to do the ceremony in Hindu temple in USA. Why USA, because most of his family members are settled in USA and most of my family members are not enocuraging a ceremony in India, as its second marriage. Here are the doubts we are having. 1. I have a visitor visa to the USA, so i have no issue to travel. But can I get married in tourist visa. I dont intent to stay back in USA, will be coming back, as i have a central govt job in India. 2. If the religious ceremony is in USA (we plan to get married in a temple there), can we do the registration of marriage in India for that particular date of the ceremony.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
You can get married in USA and register your marriage with Indian consulate under provisions of foreign marriage act
2) if you ate marrying a US citizen registration can be done in India under provisions of special marriage act
My question is deeper. Will there be implications if we register the marriage in USA, while on Tourist Visa? To avoid the implications, if we want to register in India, but nil ceremony in India. Since we will have a hindu wedding ceremony in USA, can it not be registered under Hindu Marriages Act?
4) your husband is US citizen so registration should be done under SMA
1. You can get your marriage solemnised in USA but better get your marriage registered under special marriage under special marriage act in the Indian consulate in USA to get legal recognition for your marriage as per indian laws.
2. Actually you may have to get the marriage registered under special marriage act in India and for that the procedures to be followed would be as per the law stipulated therein. After the marriage is solemnized, parties can get themselves registered under the foreign marriage act, irrespective of the nationality of the other party. The pre-existing marriage must be registered under the act only when it satisfies all the conditions for a valid marriage given in section 4 of the act.
A marriage between parties one of whom at least is a citizen of India may be solemnized under Special Marriage Act,
in India before a Marriage Registrar in India or a Marriage Officer in a foreign country..
you can get it registered in Indian consulate in USA which is having the legal validity as a marriage is registered in India before the marriage officer in India.
Since your fiancee is a foreign citizen, the marriage between an Indian and a foreign citizen then the marriage to foreigner has to solemnized under the Special Marriage Act of 1954.
Alternately it can be registered under Foreign marriage act also. Under this act, the embassy is authorised to solemnize the marriage when at least one party is Indian and the parties are living in abroad. In such a case, irrespective of the fact that one or both the partners are Indians; the party needs to submit an affidavit by the court of India on a stamp paper signed by a notary and advocate including stating that the parents in India consented and do not have any objection with the marriage. This affidavit is to be produced by the Indian partner only.
In the last two decades, the trend of overseas marriages has been increasing at a high rate. Along with this, the brides of overseas marriages have faced a lot of problems which ultimately led to the abandonment by the husbands. The bride may be a victim of cruelty or there can be a dowry demand.
You need to register it in USA Only if you get married in India as per Hindu customs you can get it registered in India
1. Since, your fiancée is residing in US , then the marriage can be registered under the Foreign Marriage Act in USA before the Consulate of India.
2. You can solemnized the marriage in any temple of USA , and further can registered the marriage there under the Foreign Marriage Act without coming to India , and the said marriage is valid in India.
- In India the marriage will be registered under the Special Marriage Act.
Can you marry in the USA on a tourist visa?
Yes, you can have a Hindu temple wedding in the USA while on a tourist visa.
Since you are not staying back, there are no legal issues.
Should you register the marriage in the USA?
If you register in the USA, you will get a marriage certificate under US law.
But some US states may not allow registration if you’re on a tourist visa.
Can you register the USA marriage in India under the Hindu Marriage Act (HMA)?
No, because HMA applies only if the ceremony is conducted in India.
Since the wedding is in the USA, you must register under the Special Marriage Act (SMA) in India instead.
Best Option: Register in India under the Special Marriage Act (SMA)
After returning to India, apply for registration under SMA at the local Registrar’s Office.
Your Hindu temple wedding in the USA can be proof of marriage, but the registration will be under SMA, not HMA.
Perform Hindu marriage in the USA.
Skip US registration if you only want Indian registration.
After returning to India, register under Special Marriage Act (SMA).
For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.
1. You can have ceremonious marriage as per Hindu Marriage Act in USA.
2. You can also register your marriage in India as per HMA if you both can return to India n the same Calendar date (it is difficult but not impossible),
3. However you can register your marriage in India on any day after returning from USA.
1. You can legally marry a Citizen of USA on any day by conducting religious ceremony by going to USA on tourist Visa. It is perfectly valid as per law.
2. You two can register your marriage in India any day as per Hindu Marriage Act even without having any religious ceremony any where.
DEAR SIR/MADAM,
FIrst of all be sure that you can get married in USA as per Hindu Marriage Act because both of the spouses of Hindu by religion. Secondly, have a certificate of marriage in temple as well as photographs. Thirdly, both of you will be required to appear before the concerned competent authority for the registration and the witnesses of the marriage registration are also required to appear before registrar/competent authority in India. So, please arrange the same accordingly in order to avoid any hassles at later statge.