Indian citizen marriage registration in us court

Well both of you are married in U.S. then you will have to obtain divorce in U.S. for sure also who told you that this marriage is not vaiid in india ? Marriage took place in U.S. jurisdiction therefore you got married according to U.S. laws you don't have to register your marriage in indian embassy in usa. Most people register their marriage in indian embassy is because they need to get their new passport with their hubby's name and surname but in your case before those things take place both of you are seperated it is very important for you to seek divorce else you will be inviting bigamy. Especially U.S. have strict laws when it comes to bigamy besides this i suggest you post your question in this forum https://www.expertlaw.com/ as it's meant for U.S. laws.

Carefully read this

https://travel.state.gov/law/family_issues/marriage/marriage_589.html

@ Author

I differ from two opinions given by @ Victim.


1. Assuming both of you are Hindus and without following any customary form of Hindu marriage ceremonies - practices while living overseas both of you performed some marriage and in absence of any witnesses and have not since marriage living together as husband and wife in eyes of that society (while both are in USA) and further without Registering your (so called) Marriage U/s 16 Foreign Marriage Act, 1969 (FMA, 1969 in short) in Consulate Generals of India’s office in Jurisdiction where both of you then were  working in USA then it is not a marriage done as per conditions of marriage under HMA at all.

2. Both of you are free to follow your respective paths and no need to refer to reference websites as it does not deal in details with FMA / HMA / SMA / IDA (The acts in short) etc. etc. There is no need even to approach Indian courts to annual / null and void such (spur of the moment) marriages.


He in future cannot challenge your re-marriage (if any you do) under any present marriage Laws of India (period).

if possible one may ignore reading below PS as my observations in times of such wake-up calls..........

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PS.: I won’t call such marriages as a fraud per se but more a direction towards economics of arrangements qua one step closer in lines of live-in nature where often two consenting gender adults living overseas on work permits miles away from customary cumbersome practices of Asian societies do exchange garlands sitting in either parties living room in heat of commitment vow phase lead by the lesser gender on higher gender and higher gender romantically even apply vermillion mark on lesser gender as a symbolic gesture of following Asian traditions or and on lines of assuring security commitment vows thus pressurized at spur of the moment then and there by lighter gender in subject matter and there pops a self pronouncement as husband and wife of a Asian culture which is no marriage at all under HMA is the short and long of this query!!!!

If Tajobsindia is right then in simple language i would say that U.S. marriage is not valid in india and vice versa. Question is how come all of us are bothered when women files a case in india and then approaches central government for execution of orders. This is when hague convention comes in which is very difficult but not impossible. Let me ask author does she have plans to visit U.S. ? If she does then i still stand on what i mentioned earlier it's better to disolve this marriage in U.S. and then proceed with second marriage in india. If she has plans to visit U.S. again then her husband can definately challenge her second marriage and file bigamy.

Hello,

Thanks for reply. I like to clarify that marriage registration took place in  district court along with two witnesses living in US.My Marriage certificate has details of both bride & groom,address in us & parents info but no photos together .

I have no immediate plans to travel to USA. Is there any law where i can seek help from indian  court to bring him back to India & file case here.

This kind of men will cheat many women like me. Is there any indian law to punish NRI  & ask for penalty for disturbing my life by this marriage.

Now you are talking as a real indian women anyway bringing horse to drink water in india is hard and almost impossible. As advised by american lawyers you need to seek divorce annulment unless country in which want to get remarried allows polygamy but that is not the case since bigamy is also punishable in india.

If you are dragging yourself to 498 (a) or any other similar cases then you will end up litigation years and years . By the way here you are asking for help from indian court and when it comes to cover urself then you would say that you haven't registered your marriage with indian embassy. I doubt you can file any cases against your husband in india since your marriage took place according to U.S. laws. Why can't you file any cases on him in U.S. itself ? Why you want to do it in india ? Is that because you will get better justice in india ?

@ Author

Under which Act (i.e. HMA or SMA or FMA) you both got your marriage registered in India in a District Court ?

HMA= Hindu Marriage Act
SMA = Special Marriage Act
FMA = Foreign Marriage Act


@ Victim

I have already explained in several other posts validity of US marriages.  Refer to them.

@ Tajobsindia sir i will try to refer them if i find it.

Also author didn't get her marriage registered in india she got her marriage registered in U.S. in district cour of michigan.

hmmmmmm 

hw you know so much about her marriage as she did not say about the location of registration of her marriage nor said anything about The act under which Registration of her mrriage was done !!

BTW, @ Victim… under which Rule / Circular / Guidelines / Authority and or International Treaty and or by any Int. Convention ratification by Indian Govt. she has designated Sub - Registrar / Marriage Officer any Officials of a foreign district court to act / authority as Sub-registrar or marriage officer for registering Indian citizens marriages overseas since May 2006 when Hon'ble SC (in Feb.) gave 3 months time to Central Govt. to enact compulsory Registration of Marriages ???.

The Sub-Registrar of marriages for NRI’s / PIO’s are Registrars of Marriages under the Hindu Marriage Act and Marriage Officer under the Special marriage Act / Foreign Marriage Act for the purpose of Registration of Marriage of Indian citizens living overseas. 


Only High Commission / Indian Consulate Generals Office / Indian Embassy as the case may be; Indian Public Servant placed here whose salary is paid by Indian exchequer can act as REGISTRARS OF MARRIAGES and/or as MARRIAGE OFFICERS for registering a Indian citizens Marriage under HMA / SMA / FMA overseas as the case may be and no one else has been given such Authority to register marriages overseas is my view.


If you differ to appointment / authority of designated Registrars of marriages / Marriage Officers then to update my knowledge on subject kindly refer me to one such Authority (citation) on designated Registrars of marriages / Marriage Officer overseas given charge to do so other than above Public Servants whose salary goes from India by placing any Citation from any of the Indian Court here.


Let us wait for the lady to clarify few finer points before further suggestions / help as there are some strange fill in the blanks here and there............. 

Hello Attorney,

I  applied for marriage license  first than registered marriage on different date  in Michigan court in May 2011.

We both are indian citizens & hindus.

My passport & his US driving license were only proof for identity.During marriage registration day, there were two witnesses living in Michigan & US court magistrate asked to us take oath & exchange wedding rings according to US practise. There is no marriage documentation/registration  with Indian embassy or with any indian act.

On marriage certificate, two witnesses, court magistrate ,bride & groom had to sign .This marriage registration has taken place only according to Michigan district US court .

Iam in India & my husband is not cooperating even for divorce, i want to null marriage in indian court to remarry in india.

ha ha sir i knw coz she posted her query in other forum i was going through Michigan court law and her marriage should be designated in special marriage act.

Persons authorized to solemnize marriage; records; returns; disposition of fees charged by mayor or county clerk.

• Marriages may be solemnized by any of the following:
  • A judge of the district court, in the district in which the judge is serving.
  • A district court magistrate, in the district in which the magistrate serves.
  • A municipal judge, in the city in which the judge is serving or in a township over which a municipal court has jurisdiction under section 9928 of the revised judicature act of 1961, 1961 PA 236, MCL 600.9928.
  • A judge of probate, in the county or probate court district in which the judge is serving.
  • A judge of a federal court.
  • A mayor of a city, anywhere in a county in which that city is located.
  • A county clerk in the county in which the clerk serves, or in another county with the written authorization of the clerk of the other county.
  • For a county having more than 2,000,000 inhabitants, an employee of the county clerk's office designated by the county clerk, in the county in which the clerk serves.
    • A minister of the gospel or cleric or religious practitioner, anywhere in the state, if the minister or cleric or religious practitioner is ordained or authorized to solemnize marriages according to the usages of the denomination.
    • A minister of the gospel or cleric or religious practitioner, anywhere in the state, if the minister or cleric or religious practitioner is not a resident of this state but is authorized to solemnize marriages under the laws of the state in which the minister or cleric or religious practitioner resides.
  • A person authorized by this act to solemnize a marriage shall keep proper records and make returns as required by section 4 of 1887 PA 128, MCL 551.104.
  • If a mayor of a city solemnizes a marriage, the mayor shall charge and collect a fee to be determined by the council of that city, which shall be paid to the city treasurer and deposited in the general fund of the city at the end of the month.
  • If the county clerk or, in a county having more than 2,000,000 inhabitants, an employee of the clerk's office designated by the county clerk solemnizes a marriage, the county clerk shall charge and collect a fee to be determined by the commissioners of the county in which the clerk serves. The fee shall be paid to the treasurer for the county in which the clerk serves and deposited in the general fund of that county at the end of the month.

History: R.S. 1846, Ch. 83 ;-- CL 1857, 3210 ;-- CL 1871, 4725 ;-- Am. 1873, Act 85, Eff. July 31, 1873 ;-- How. 6215 ;-- CL 1897, 8594 ;-- Am. 1903, Act 139, Eff. Sept. 17, 1903 ;-- Am. 1909, Act 235, Eff. Sept. 1, 1909 ;-- CL 1915, 11368 ;-- CL 1929, 12696 ;-- Am. 1931, Act 28, Imd. Eff. Apr. 21, 1931 ;-- Am. 1937, Act 42, Eff. Oct. 29, 1937 ;-- CL 1948, 551.7 ;-- Am. 1972, Act 211, Eff. July 1, 1972 ;-- Am. 1975, Act 175, Imd. Eff. July 20, 1975 ;-- Am. 1979, Act 24, Imd. Eff. June 6, 1979 ;-- Am. 1983, Act 64, Imd. Eff. May 26, 1983 ;-- Am. 2006, Act 419, Imd. Eff. Sept. 29, 2006 ;-- Am. 2006, Act 613, Imd. Eff. Jan. 3, 2007 ;-- Am. 2008, Act 47, Imd. Eff. Mar. 27, 2008

Section 551.104

Certificate completion; officiating person duty; original license return; record.

It shall be the duty of the clergyman or magistrate, officiating at a marriage, to fill in the spaces of the certificate left blank for the entry of the time and place of the marriage, the names and residences of 2 witnesses, and his own signature in certification that the marriage has been performed by him and any and all information required to be filled in in the spaces left blank in the certificate shall be typewritten or legibly printed. He shall separate the duplicate license and certificate, and deliver the half part designated duplicate to 1 of the parties, so joined in marriage, and within 10 days return the original to the county clerk issuing the same. It shall be the duty of such clergyman or magistrate to keep an accurate record of all marriages solemnized in a book used expressly for that purpose.

History: 1887, Act 128, Eff. Sept. 28, 1887 ;-- How. 6222d ;-- CL 1897, 8605 ;-- Am. 1913, Act 244, Eff. Aug. 14, 1913 ;-- CL 1915, 11379 ;-- CL 1929, 12709 ;-- CL 1948, 551.104 ;-- Am. 1955, Act 96, Eff. Oct. 14, 1955

Section 551.106

Person officiating at marriage; violation of act, misdemeanor, penalty.

Any clergyman or magistrate who shall join together in marriage parties who have not delivered to him a properly issued license, as provided for in this act, or who shall violate any of the provisions of this act, shall be adjudged guilty of a misdemeanor, and shall be punished by a fine of 100 dollars, or in default of payment thereof, by imprisonment in the county jail for a term of 90 days.

History: 1887, Act 128, Eff. Sept. 28, 1887 ;-- How. 6222f ;-- CL 1897, 8607 ;-- CL 1915, 11381 ;-- CL 1929, 12711 ;-- CL 1948, 551.106

Section 551.202

Application for marriage license; form; fee; performing marriage ceremony; permit; record; marriage certificate; execution of papers in duplicate; delivery of marriage certificate to parties.

Each application made under this act for a marriage license shall be in the usual form and shall be accompanied by a fee of $3.00, $2.00 of which the judge of probate shall keep for services rendered, and $1.00 of which the judge of probate shall forward to the state registrar for deposit in the state general fund. The judge of probate, upon the filing of an application under this act, shall perform the marriage ceremony. If the applicant or either of the parties to the marriage desires to have the marriage ceremony performed by some person competent to perform the marriage ceremony other than the judge of probate, the judge of probate shall issue a written permit to the person designated by the applicant or contracting party directing that person to perform the marriage ceremony. The party so designated, if competent to perform the marriage ceremony under the laws of this state, may perform the marriage ceremony, but a record shall not be made of the marriage, except the record made by the judge of probate under this act. Upon the performance of the marriage ceremony, the party performing it shall return the marriage certificate to the judge of probate, who shall attach the license and certificate to the application. The papers described in this section shall be executed in duplicate, and the person performing the marriage ceremony shall deliver a certificate of the marriage to the parties.

History: 1897, Act 180, Eff. Aug. 30, 1897 ;-- CL 1897, 8613 ;-- Am. 1899, Act 232, Eff. Sept. 23, 1899 ;-- Am. 1909, Act 312, Eff. Sept. 1, 1909 ;-- Am. 1911, Act 224, Eff. Aug. 1, 1911 ;-- CL 1915, 11388 ;-- CL 1929, 12718 ;-- CL 1948, 551.202 ;-- Am. 1979, Act 133, Imd. Eff. Oct. 30, 1979 ;-- Am. 1983, Act 199, Imd. Eff. Nov. 7, 1983

Also finally i came across this article https://www.usimmigrationsupport.org/marriage.html

Possible Marriage Scenarios:

1. If the spouse is a US citizen, the foreign citizen may apply for a green card based on the marriage.
2. If the spouse is a green card holder, the foreign citizen can apply for a green card but it may take longer until it is issued due to immigration quotas (only a certain number of Green Cards are issued to spouses of Green Card holders).
3. If the marriage is between two non-US citizens, the marriage must be officially recognized in the home country in order for it to be valid. Foreigners (non-U.S. citizens) that get married to each other in the United States do not obtain a Green Card, U.S. citizenship, or any kind of immigration status or benefit.
4. If the marriage is between two U.S. citizens, no immigration application is required or needed.

@ Author although in my last para i am not still clear with the word "OFFICIALLY RECOGNISED" means but pretty much that link answers your question Ld. Tajobsindia will answer your query well then i do because i am not a lawyer he is.....
 

Uff oh acha khasa confuse kiya iss enquiry ne meri ko J

So this is the matter in hand !

Okies here some wisdom travels...…

1. The way this marriage took place is not recognized in Indian Courts. Certificate is Ok only for foreign courts purposes and not for Indian court sis my shock statement here.
   
   
2. NRI marriages and their validity, divorce, maintenance, succession to property of husband (and/or that of in laws) etc. are all governed / regulated by personal Law under which an NRI marriage took place. This is no marriage according to personal Law (Hindu being Indian citizen on short term overseas living and there getting  married via local court). Would have been better if under Special Marriage Act. u/s 16 SMA it would have been registered at Indian Consulate General’s office which is most simplest procedure minus all red taps. (Exchange of ring in a foreign Court before Judge is no ceremony as per Hindu customs and traditions / law moreover both of you did not stay together post so called Hindu marriage as you say proclaiming husband / wife in eyes of society and all that you have is a Certificate issued by local district court in USA + 2 witnesses signature upon it – pics of spouse in certificate etc are not that material here!)
   

3. Your scenario is bound to end up in Private International Law Rules only when you bring this dispute in a foreign Court. It is a complicated and technical subject cannot be told its length and breadth under free consultation forum bandwiddth limitations. It was not a fraud in your marriage as you opined with your first post here! Contact a local Advocate in India (since you say you are in India) and even if you activate some dispute readdressed in Indian Court from your place of stay in India I doubt HE will ever react to it that is the reason NRI / PIO marriages gets bad name as people get married overseas without giving a damn to Indian laws – customs – traditions – Rules and then Chandu like biased advocates pops in internet legal fraternity to give colour to it and he keeps quite when challenged legally!
   

4. An Indian spouse may file a case for matrimonial divorce in the overseas country OR in India, before a court where the NRI couple resided preceding the filing of the case, or before a court within whose jurisdiction the wife is currently living. In the former instance, the spouse could seek the remedy in the foreign country where it would be easy to implement the same. Whereas if the remedy/relief is obtained from a court in India and the NRI / PIO spouse lives overseas, then there are difficulties in getting the decree enforced in the overseas courts and the spouse who seeks enforcement would have to travel abroad for the purpose of enforcement by engaging a pleader at considerable cost (@ Vstim is it not that my counterparts there charge on hourly rates J ). Well in the later case if the spouse files a suit for divorce or seeks any relief in India, there is every possibility that the other spouse may not turn up to contest the case and the case may end up in an ex-parte decree in favour of the petitioner’s spouse (herein YOU and anyhow since marriage both of you ex-communicated each other as you say in your posts so this is golden decree that you may ever get prompt here in India). The enforcement of such a decree in India is piece of cake, because the decree becomes final, provided there has been a proper and an acceptable mode of service of summons. There lies the catch SUMMONS issued via MEA, GOI in matrimonial cases which is only our lord Hanuman’s task and not normal spouses unless the Deputy Secretry / Jt. Secretary in MEA, GOI is once brother and or mother’s real brother …..for the same I agree to @ Victim’s first take now….…
   

5. Your best bet lies in getting a decree in Foreign Court as per their Rules and not in Indian court and even if you get some ex-parte decree (high probability in your case I see) from a foreign Court it cannot be enforced in India by virtue of S. 13 CPC is my additional view leave aside calling him there to Mich. Court whatever. 

I regret I am sitting in Delhi and from Delhi via free consultation for all legal forum mediums I cannot provide you any additional help other than above layman’s Rules read with simple descripttions given herein which is applicable to your case scenarios and for the same contact a Advocate locally (means wherever you are living in India approach one here) who knows Private International Laws or go to USA and get the matter settled before you re-marry or go underground create a new avatar and as it pleases you proceed ahead for which my limitations remains and sum total I approve of @ Victims first shot reply he being vigilant cross - forum enquiry hunter J  

@ Victim I understood the last large piece of foreign registration of marriage wisdom shared by you and previously I asked because of answers given in installments by the lady.  

Hope you being desi will approve of above final wisdom and or may correct this munshi for general public and or as you wish to further share for knowledge enhancement if any!


My other ld. brothers in same profession also welcome to share knowledge for common cause.