As long as they are recognized by the laws of the nation where they occurred, marriages that are legally recognized abroad are generally valid in India. To be recognized in India, a marriage between an Indian citizen and a foreign national may need to be registered under the Foreign Marriage Act, of 1969 if it occurs outside of India. The Foreign Marriage Act outlines the requirements for registering marriages between Indian citizens that were performed abroad. It also provides for the registration of such marriages. To find out the precise procedures for registering the marriage in India, it is advisable to consult an Indian lawyer or the Indian embassy or consulate in the nation where the wedding was performed.
Every marriage that is either solemnized under the Act or even only registered under the Act is lawful for all purposes in India; a second registration of the marriage is not necessary. The Foreign Marriage Act provides for the registration of marriages of Indian citizens solemnized outside India, and it lays down the conditions for the registration of such marriages.
It is advisable to check with the Indian embassy or consulate in the country where the marriage was solemnized or with an Indian lawyer to determine the specific requirements for the registration of the marriage in India.
The subject between the parties may be pursued in any other family court in any foreign nation that acknowledges their marriage, including in the case of a divorce or other legal action.
Indian courts do recognize foreign marriages, but the instant brief does not address how the parties should resolve the legal formality of either registering the foreign marriage under Indian law or having it certified.
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Since neither party obtained a certificate from Indian authorities certifying their foreign union in an Indian High Commission, Indian Embassy, or Indian Consulate, there is currently a problem with the marriage being dissolved in India. Without a certificate establishing this, an Indian court lacks the authority to hear any disputes between the parties to the marriage.
To be valid/legal in India and to fall within its jurisdiction, marriages must be registered there in accordance with the Special Marriage Act.
As long as it is acknowledged as legal in the nation where the marriage occurred, a foreign marriage certificate would be regarded as legitimate in India. It is crucial to keep in mind that if you want to use the foreign marriage certificate in India for any legal purposes, such as applying for a visa or registering the marriage there, you might need to have the Indian embassy in the country where the marriage took place to certify the document. In order to confirm that the foreign marriage certificate will be recognized for your particular circumstance, it is usually best to speak with a legal expert in India.
Such a marriage in India is governed by the Special Marriage Act’s regulations. As a result, getting married to someone of a different nationality is also governed by the Special Marriage Act, which not only addresses marriages between individuals of different religions but also castes or origins.
The same rules apply to marriages with foreign nationals, despite the fact that their country’s domestic law may set a higher or lower marriage age since India’s legal age for marriage for girls is 18 and for boys, 21, respectively. The Special Marriage Act not only specifies the age restriction but also lists several levels of ties that are forbidden, such as mothers, stepmothers, grandmothers, and stepgrandmothers, etc.
If one partner lives permanently in India while the other is visiting, there is a 30-day notice period that must be followed. This Act also requires the registration of marriages between Indians and foreign nationals. If one partner is living abroad, the “Marriage Notice” form must be completed by both the partner in India and the partner abroad. The form must then be resubmitted by the partner in India to the Registration office.
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