Legal validity of marriage of indians abroad?

@ Author,

1. The Marriage which was solemnized and registered in any foreign country between two Indians (whether or not either of them has NRI status or not is immaterial here) 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.

2. The family court in the foreign country where the marriage was solemnized and registered has jurisdiction to adjudicate the matrimonial dispute between the parties now.

3. Any other family court in any foreign country which recognises the marriage between the parties has jurisdiction to pursue the matter between the parties including divorce etc.

4. Indian courts do recognise the foreign marriage but what lack in instant brief is their adjudicating the matter between the parties is this legal formality of either registering the foreign marriage under the Indian enactment or getting it certified as stated in para 1 or para 2 replies based on your brief.

5. Since neither parties got their foreign marriage certified by Indian authorities in the Indian High Commission / Indian Embassy / Indian Consulate the problem to dissolve it now in India without any such Certificate having the Indian court cannot get jurisdiction to adjudicate any dispute between the parties to the marriage now.


Lastly coming back to your main question based on law of Jurisdiction both of your marriage done in Mauritius is not valid in Indian Courts is short and simple reply and reasons are mentioned in reply para 1 till 5. And to make it legally valid the answer is also mentioned above but I have reservation that the girl now in OZ will co-operate and marriage Registration is not provided on unilateral request of just one party who is in India now ! 

Thanks Rajeev.

Para 1 says " OR was certified under the Act in that foreign country where it was solemnized"

My marriage was done at Civil status office of Mauritius and the following was the procedure.

Both of us filed an affidavit in supreme court of mauritius.

Based on the affidavit , passport details and birth certificates from indian high commission , notice of marriage was published for one day ( for foriegners its 24 hours)

After the notice period , marriage was solemnised and certifed by the civil status officer. The certificate says the marriage is as per the civil status act of mauritius.

Based on this and the clause in Para 1 , do you see any chances of being this marriage legal/valid in India ?  If not is there anything that can be done by me/she to solve it?

We did the marriage without the consent of one family, and just want to ensure that they can't trouble us by any leagal means (like filing habeas corpus) when she comes back to India for the religious marriage.

Thanks in advance.

1. Ok noted.
2. Both of your marriage needs to be registered in India under Special Marriage Act to make it valid / legal in India to get its jurisdiction.
3. She is in OZ and you are here in India. Hire an Advocate here in India who knows how to get marriages registered under Special Marriage Act. Get a copy of his vakalatnama + ask him to draft POA and courier both to her in OZ along with Special Marriage registration formats. She signs at dotted places on these docs. and gets them under the scanner of a local notary public under his seal and signature and courier them back to you. Basically she is giving POA to an Advocate to vouch on her behalf for smooth Registration of Marriage under Special Marriage Act.
4. Ask her to approach nearest Indian High Commissions Office and state the cause; Marriage Registration in India under Special Marriage Act of you two who are Indians who were earlier married in Mauritius under their civil ceremonies. Tell her to show true copies of such documents and ask her to ask if she may be allowed for Video Conference setup there during Court Registration in India date?. The Indian people there are quite helping once that I am aware of.
5. Check with local Court under whose Jurisdiction you come if they have video conference facilities.
6. Now file papers here in India and get it over with.


The above are legal way out in case Indian couple are living in different continents who had foreign un-registered as per Indian laws marriages done.

7. The religious ceremony mentione din yoru second mail is for you two or for her with someone else J
8. HCP can’t be filed as probably they know whereabouts of her who is right now in OZ or is that too hidden?


If you feel un-comfortable answering volley of minor clarity que. that I sometimes ask to rarest to rare queriest, come on PM mode with me now that I have allowed your friend request sent to me day before yesterday, surely I may help you with peace of mind, but do zip 1 kg. Indian sweets to LCI Admin’s address post both of your tensions are over J