marriage registration of a foreign national with indian citi
pramod kumar
(Querist) 12 August 2010
This query is : Resolved
My usa borned nephew whose mother father was borned in india and married in india later become citizen of USA, has been married to a indian citizen bride as per Hindu customes in gorakhpur,up india on 14th april 2010, we filed the papers for registration of marriage under HINDU MArriage ACt. The sub registrar of marriage, Gorakhpur says he will regiter the marriage only if USA Goverenment office/counselar usa embassey certify the details of bride groom ( my nephew). we approached the usa embassey and usa embassey delhi issued a notarized statement from the U.S. citizen party to the marriage, affirming that the citizen is free to marry, and his other details which often is accepted in lieu of a governmental statement. The sub registrar is not accepting this notorized statement from usa citizen duly notorized by authorised signatory. the rules regarding usa citizen marriage are given on this web site where it is stated that :
"This office occasionally receives requests to provide "No Objection" letters concerning a person's intent to marry in India. U.S. consular officers are expressly forbidden from making an official statement regarding a person's eligibility to be married. Please find below the relevant excerpts from the U.S. Government regulations that govern what services a U.S. consular officer can and cannot provide. The complete regulations are available online at
http://www.state.gov/documents/organization/86802.pdf"
" 7 FAM 1453.2 What Consular Officers Can't Do
c. You cannot make any official certification about the status or eligibility to marry of persons residing in the United States who propose to be married abroad, or about the laws of the United States or of any of the fifty States or Territories about eligibility for marriage or the solemnization of a marriage.
7 FAM 1455.1 Foreign Countries' Requirements
a. Some countries require persons who wish to marry to provide written proof issued by governmental authority, that there is no legal impediment to the marriage. No such document, or governmental authority to issue such document, exists in the United States.
b. In consular districts with such requirements, a notarized statement from the U.S. citizen party to the marriage, affirming that the citizen is free to marry, often is accepted in lieu of a governmental statement."
pl. suggest how to get this marriage registered in HINDU marriage act.
pramod kumar
email : the_search_boy@yahoo.com
Devajyoti Barman
(Expert) 12 August 2010
If either of the spouse is a foreign national then the marriage is registered under Foreign Marriage Act in which the divorce and other related issues are governed by the Special Marriage Act.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 August 2010
You have all the rights to get marriage registered., in India.
Go to the civil court and get order from the court to registrar for registration.
