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Rishabh Mishra   11 August 2024

Nri marriage

I am in US and my fiancée is in Delhi and we are supposed to get married in December this year. To initiate her H4 dependent visa process, I need to submit marriage certificate to my organization. Is there any way, that we can get married/register our marriage without my physical presence at the registrar and get a marriage certificate?



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 3 Replies

Dr. J C Vashista (Advocate )     11 August 2024

Both of you will have to be present and produce all relevant evidence to prove you are married on papers, (record)for registration of marriage before concerned / area Registrar of Marriages (generally Additional District Magistrate or SDM performs the duty of Registrar in all States).

However, you may get proper (social) marriage solemenised subsequently on the day / date fixed for actual marriage.

T. Kalaiselvan, Advocate (Advocate)     11 August 2024

You being a NRI and your fiancee being an Indian, your marriage has to be solemnised and registered under the provisions of special marriage act only.

The countries like  Germany insist on the solemnisatioon of marriage as per the customs including the marriage solemnised under sepcial marriage act and they don't consider the marriage certificate or just the joint photos of the couple as proof of marriage.

Hence registering the marriage without solemnisation of marriage as well as without you being physically present before the registrar  for following the legal requirements of 30 days notice period and other formalities, the marriage will not be considered as legally valid and it may create problems for immigration when the truth emerges at a later stage, this may cause deportaion also for furnishing false information.

Better think it over properly and take a wise decision considering the future impacts too.

Dr. J C Vashista (Advocate )     11 August 2024

The marriage solemnised under Hindu/ Anand/ Muslim or any other personal law is valid to register marriage under the same laws, which doesn't require the marriage under Special Marriage Act only 


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