Rama 10 July 2018

Getting marry out of india - how indian rules applicable

Dear All,

After long trial we both finalised to get divorce through family court.

Now boy going to marry another girl and both are hindu...Husband Malarsian (permanent resident), Girl Indian..

Step 1: They will do temple marriage in Bali, as per hindu tradition over there..

Step - 2: Boy reside at Malaysia and holding malaysian PR. So he is planning to register directly at Malaysia as per hindu law..

Now in future in case of disputes can Indian law will applicable if they are NOT register as per Indian law?

Kindly suggest...

Reply Follow

2 Replies

Raghav Arora 11 July 2018

Hi! Thanks for the question!

Your question is a bit confusing, however, I will answer as per what I can gather. International Law will be applicable in the normal course there. If not registered under the Indian Law, then Indian Laws would not be applicable. If the marriage takes place according to Hindu Laws, the Hindu Laws will be applicable. And in case in future, there arises any dispute, the same will be dealt with by the prevailing laws of that land. At present, in anticipation on the bases of assumptions/presumptions, nothing can be ascertained. The circumstances of the dispute will decide the law applicable for eg - Place of complaint, future developments.

Good Luck!

Vijay Raj Mahajan (Advocate) 11 July 2018

Get the marriage taking place outside India registered under the Foreign Marriage Act, 1969 with the Indian High Commission. After that the marriage will be covered under this Act and for all purposes the Indian courts will have jurisdiction to decide any dispute between the parties. The Hindu marriage too can be got registered under the Hindu Marriage Act,1955 in India by the parties when they are living here in India.