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Siva   31 December 2018

Foreign marriage is still valid as per indian law?

Dear all,

I want urgent advice on below points..
I am Indian citizen, stay at USA and now I am planning marry one Indian girl....
I will marry and register at USA as per the law over here..we are making a prenuptial agreement about property right in future in case of disputes as per USA law.. 
India not planning to register my marriage.. may be giving only one party to the relatives only..
Just to know incase of any disputes, how Indian law will applicable for us? Kindly suggest..


Learning

 5 Replies

Vijay Raj Mahajan (Advocate)     31 December 2018

Yes, under the Foreign Marriage Act,1969 the foreign marriage of Indian citizens is valid and under this Act Indian court will have jurisdiction to adjudicate for any dispute between parties under this Act.

P. Venu (Advocate)     01 January 2019

As far as I am able to understand provisions of Section 23 of the Foreign Marriage Act, 1969 apply to the instant case:

23.Recognition of marriages solemnized under law of other countries.-

If the central Government is satisfied that the law in force in any foreign country for the solemnization of marriages contains provisions similar to those contained of this Act, it may, by notification in the Official Gazette, declare that marriages solemnized under the law in force in such foreign country shall be recognized by courts in India as valid.

 

N.K.Assumi (Advocate)     02 January 2019

That Foreign Marriage Act of 1969 make provisions for the marriages of Indian citizen outside India, so there is nothing to worry with your marriage.

Siva   05 January 2019

Dear Sir,

Many thanks for your email.

from the advice what I understood that Foreign Marriage Act,1969 the foreign marriage of Indian citizens is valid and under this Act Indian court will have jurisdiction to adjudicate for any dispute between parties under this Act.
 

However, I was reading some article and the message was that

 

The Marriage which was solemnized and registered in any foreign country between two Indians can not give jurisdiction to Indian court unless and un-till the foreign marriage was duly Registered under the Foreign Marriage Act, 1969 in any of the foreign country (before the Indian High Commission and or before the Indian Consulate Generals Office as the case is) OR was certified under the Act in that foreign country where it was solemnized OR the marriage was got registered in India by the parties either under the Special Marriage Act, 1954 or any other Matrimonial enactment made for the registration of the marriage.

Query: This means suppose marriage was registered in foreign and neither registered as per "Foreign Marriage Act, 1969"nor before the Indian High Commission and or before the Indian Consulate Generals Office....In such case Indian law is still applicable ?

 

Kindly advice..

 

Advocate Arzoo Raj (Advocate)     08 February 2019

You can get married as per the US Laws. However, you will have to register the same under the Foreign Marriage Act, 1969 before the Indian Consulate situated in USA, as our laws are a tad bit different than that of the US LAws. Only upon the registrations under the afore-mentioned Act, will the disputes arising out of your matrimonal bond, be adressed by the Indian Courts. 


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