Arshi 23 May 2021
Respected Members,
My friends Rohan is an NRI. Last month, he married a foreign girl there but he is a Hindu and he wants his marriage to be recognized under Hindu Marriage Act. His marriage is already registered under the Marriage laws of Canada.
Now, can he registered his marriage under Hindu Marriage Act and will it be considered valid? Can a marriage be register under two acts? What should he do?
sneha jaiswal 23 May 2021
Hello, Greetings of the day!
The marriages solemnized under the Special Marriage Act of 1954, requires that one party should be an Indian or another party should be a foreigner. The parties can be both Indian or one party can be a Non-Resident of India (NRI) but solemnizing their marriage outside India. In this case, the marriage can be solemnized and registered in India according to the act. Foreign marriage certificates are also recognized in India. If you have been married previously in the home country, you can apply for registration of marriage in India. Your home country marriage certificate will also be valid. No, you cannot register your marriage with two acts. And, as per your query, marriage under Hindu Marriage Act will not be considered valid if your partner is not Hindu as you have not specified your partner’s religion. However, the marriage between foreigner and NRI which is solemnized outside India can be registered according to the Special Marriage Act of 1954.
My Suggestion is totally based upon internet research, so I shall request you consult a lawyer for proper guidance. Hope it helps
Best Regards,
Sneha Jaiswal
Law Student
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