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International marriages, nikah & more
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Siddhartha Shah
A practicing advocate of Mumbai High Court. He specialises in Civil, Criminal, International and Matrimonial Laws. He opines on Indian Laws and the Legal System.
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Australian connection
Ravi asks,
I am an Indian citizen living in Australia. I got married here to my Indonesian girlfriend. How can I register my marriage in Indian High Commission, Australia?
Dear Ravi,
You can get your marriage registered as per Indian legislation wherein you will have to follow the rules laid down under the governance of the Foreign Marriage Act 1969. Being an Indian citizen, you will have to apply for the said registration compliances before the marriage officer at the Indian Consulate and thus complete the procedure as per law.
Second chance
Kanna asks,
My friend was divorced in USA on mutual acceptance grounds last year. He wants to get married in India now and register the marriage here. What is the procedure?
Dear Kanna,
As per limited facts narrated by you, firstly to get married in India your marital status need to be very clear. It is advisable to consult a lawyer to check the validity of the order obtained in a foreign country as regards your friend's divorce. Now for getting married in India, your friend will have to decide as to how to get married, whether he wants to get married as and by way of civil court marriage (registered) or a ceremonial marriage as per his personal law which he is professing.
France calling
Maria asks,
I am a French citizen and I will be getting married to an Indian boy who lives in Delhi. We are going to get married in an Arya Samaj Mandir in New Delhi. I would like to know if we need to get civilly married and what documentation is required? As I live in the France, I've a French ID card. Is it possible for me to take my husband to France after getting married?
Dear Maria,
From the limited facts as narrated in your query, presumably you are of a marriageable age. It is advisable that you get married as per the governance of Special Marriage Act 1954 and follow a systematic procedure as laid
down by law.
For your query as regards the appropriate compliances to settle in France after marriage and the required appropriate permits, you need to clarify the same with authorities in France and comply the same with the procedures as required by the governing laws in France. Hope this should suffice your query in brief.
Breaking rules
Mel asks,
What is the marriageable age for a girl in India? What special procedures are necessary for 2 Americans to marry (civil ceremony) in India? Can the residential period be waived?
Dear Mel,
As per Indian law, the marriageable age for a female is 18 years and for a male is 21 years. You can get married under the governance of the Special Marriage Act 1954.
You need to keeping mind that you cannot waive or jump any rules and regulations, which are formulated for valid legal compliances by the Indian legislation. You will have to systematically comply with all the required formalities and procedures as determined by law.
Marrying a Muslim
Susan asks,
I am a Christian girl and thinking of marrying a Muslim guy. I am not able to marry under Special Marriage Act because his parents will oppose it. So if I opt for a civil marriage will it be strong enough and will he be able to marry again? After a registered marriage if I do nikah then which marriage will I be bound with? If he marries again will I be able to get his properties for security under both marriage?
Dear Susan,
You need to keep in mind that two persons belonging to different religion can only get married under the provisions of Special marriage Act, 1954 unless you try and convert yourself to profess a particular religion or a personal law. One cannot marry twice or have a second marriage under the Special Marriage Act unless legally divorced as per law. If you get married by civil formalities by registering your marriage before a marriage officer under the Special Marriage Act then you will be governed for appropriate reliefs and rights under the Special Marriage Act 1954. Or else, if you have an option of getting married by way of nikah by converting yourself, the Muslim personal law of marriages shall govern you. You can get married only under one provision of law which you may choose to and you must keep in mind that the first marriage is the valid legal marriage in the eyes of law. Hope this should suffice your query in brief.
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