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aviramv@yahoo.com (aviramv@yahoo.com)     14 April 2014

Should an indo-foreigner marriage must be under spa?

Dear friends,

 

Thanks to help received partly on this forum, I was able to marry my Iranian partner under the Special Marriage Act  (SPA) and get it registered through the Iranian Embassy (a long procedure but done nevertheless). However, I have a specific question. Please ONLY answer if you are sure:

 

When an Indian citizen marries a foreigner, is it that the marriage MUST be registered under the SPA? Or can such a marriage be solemnized and registered under one of the personal laws? For example, if my wife and I are Muslims, but she is a foreigner, could we have married under the Muslim marriage law in India (get a Nikahnama from a a Qazi and then get a marriage certificate from the registrar or the Wakf board)? Or is it that we MUST and can ONLY marry under the SPA?

 

Your responses will be greatly appreciated.

Malik



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     14 April 2014

You can register your marriage in India under the Foreign Marriages Act 1969 under the provisions of section 17 the details of which are given below for your reference:

17.Registration of foreign marriages.-

(1) Where ---

(a) a Marriage Officer is satisfied that a marriage has been duly solemnized in a foreign country in accordance with the law of that country between parities of whom one at least was a citizen of India; and

(b) a party to the marriages informs the Marriage Officers writing that he or she desires the marriages to be registered the Marriage Officer may, upon payment of the prescribed fee register the marriage.

(2) No marriage shall be registered under the section unless at the time of registration it satisfies the conditions mentioned in section 4.

(3) The Marriages Officer may, for reasons to be recorded in writing, refuse to register a marriage under this section on the ground that in his opinion the marriage is inconsistent with international law or the country of nations.

(4) Where a Marriage Officers refuses to register a marriage under this section the party applying for registration may appeal to the Central Government in the prescribed manner within a period of thirty days from the date of such refusal ; and the Marriage Officer shall act in conformity with the decision of the Central Government on such appeal.

(5) Registration of a marriage under this section shall be effected by the Marriage Officer by entering a certificate of the marriage in the prescribed form and in the prescribed manner in the Marriage Certificate Book and such certificate shall be signed by the parties to the marriage and by three witnesses.

(6) A marriage registered under this section shall, as from the date of registration, be deemed too have solemnized under this Act.

aviramv@yahoo.com (aviramv@yahoo.com)     15 May 2014

Thanks for your response, but this is in case the marriage has been legally solemnized in a foreign country. What about marrying a foreigner IN India where both are unmarried? Must that be under the SPA, or the other condition I have explained above is possible too?


Aviram


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