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Jun 8, 20233 min read

Getting Married In Abroad On Tourist Visa! How I Register In India

Some regulations pertaining to foreign marriages concerning Indian people marrying overseas were incorporated in the Special Marriage Act of 1954. Regarding the legality of foreign marriages, there was a great deal of doubt. Only a small portion of the topic was covered by the law in the past, and the issue was controlled by nebulous, far from settled, and difficult to apply across different societies' private international law concepts.


This confusion was somewhat reduced with the introduction of the Special Marriage Act of 1954. It was suggested that there should be provisions for marriages wherein one partner is an Indian citizen but the other may not be during the parliamentary deliberations on the Special Marriage Act. Then the foreign marriage measure was introduced in the parliament as a result of that assurance. The new Foreign Marriage Act of 1969 was then introduced as it became clear that there needed to be a separate statute for foreign weddings.


Conditions for Marriage Solemnization

One party must be an Indian or a foreigner for a marriage to be solemnized under Foreign Marriage Act of 1969. Both of the couples may be Indian, but they may choose to have their wedding outside of India, or one of them may be a Non-Resident Indian (NRI).


In this situation, the marriage can be solemnized and recorded in India or any other nation that the foreigner is a citizen of or from which they originated. The alternative scenario is when both couples are Indian citizens or non-residents of India and are married in accordance with foreign law.

Documents needed for the Registration Process of Marriage in India if you get married in Abroad While on Tourist Visa

When registering a marriage in India if you got married abroad on a tourist visa, the following documents are typically required-

  • Marriage certificate obtained from the foreign country

  • Copies of both spouses' passports and visas

  • Proof of address (residential address) of both spouses

  • Birth certificates of both spouses

  • Affidavit stating the date and place of marriage, marital status, and nationality of both spouses

  • Passport-sized photographs of both spouses

  • Proof of marriage registration fees paid

Registration Process of Marriage in India if you get married in Abroad While on Tourist Visa

If you get married abroad while on a tourist visa and wish to register your marriage in India, you need to follow these steps-

  • Obtain your marriage certificate and relevant documents from the foreign country.

  • Translate and notarize these documents if required.

  • Visit the local Registrar of Marriages in India with the necessary documents.

  • Fill out the marriage registration form provided by the registrar.

  • Send the filled-out form and the necessary paperwork.

  • Pay the prescribed fee for registration.

  • The registrar will review your application and documents.

  • Once approved, your marriage will be registered, and you will receive a marriage certificate.

Role of Judiciary

  • In the Minoti Anand v Subhash Anand case, a Hindu couple married in Japan in accordance with local laws and traditions before having their union recognized under the foreign marriage statute. According to Section 18 of the Foreign Marriage Act, it was presumed to be a marriage that had been solemnized. Due to the fact that the marriage was solemnized outside of India's borders, the parties would only be eligible for matrimonial relief under the Special Marriage Act's provisions and not under the Hindu Marriage Act when a disagreement occurs.

You will need the help of lawyers who can provide valuable guidance and assistance in navigating the complex legal requirements and procedures involved in registering a marriage in India after getting married abroad on a tourist visa. If you need the assistance of legal professionals for your Court Marriage In Bandra, then lawyers in Bandra can be hired, and if you need the assistance of legal professionals for your Court Marriage In Guwahati, then lawyers in Guwahati can be hired. Similarly, lawyers in Mumbai can be contacted if you need the help of such legal professionals to know about the Court Marriage Process in Ahmedabad.


For any type of legal counsel, you can consult and talk to a lawyer at Lead India. They can ask legal questions to experts online free and receive free legal advice in India in return at Lead India.


Call Us: +91–8800788535

Email: care@leadindia.law


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