gn_capri (BA) 22 November 2011

Urgent: advice process of registering marriage

Hello All, I hope I can get help for my query out here.

My fiance and myself are in the US on valid visa currently and want to get married. He is a hindu and I am (my virtue of my father's religion) a Muslim. My mother is a hindu (not changed her religion). Even though I haven't followed either religion my entire life, I plan to embrace Hindu religion and also change my complete name after marriage. This is the primary reason why my fiance's parents have kindly agreed to our marriage.

Currently my name is Alisha Aamir Parack. I will be changing this to Deepali Rajat Deshpande. What is the best way to go about this change of religion and name so as to avoid complex legal problems. Should it be done before or after marriage. We want Indian marriage certificate to reflect my new changed name. We plan to do the following:

1. Get married in the US. The US marriage certificate will be in the name 'Alisha Aamir Parack'. In the mean time I can apply for change of name/religion with the Gazette office in Mumbai, India. We then plan to apply for reissue of Indian passport with the embassy in NY, US with the newspaper advertisements and US marriage certificate and husband's passport. So new passport will have name 'Deepali Rajat Deshpande' and my husband's name added on it.

2. When we go to India, we still plan to have a proper hindu religious ceremony and want to register our marriage in India as well (his parents want an Indian marriage certificate in my changed name). Is it possible to:

- Apply for marriage registration in Mumbai even if we have a US marriage certificate? I think the registration process asks for marital status and my passport would have husband's name added on it (hence asking since we would already be married).

- Can I get the Indian marriage certificate in my new name (consider name is changed on my passport and gazette) - Deepali Rajat Deshpande. I will be applying to gazette with this new name as changed due to religion change and not marriage. So can the Indian marriage certificate have the new name instead of my old name? I have the option of just getting the passport reissued with my name name without adding my husband's name on it if we being already married in the US will cause problems in getting Indian marriage certificate.

If what we have written is the wrong way to go about this whole thing, please advice a simpler bettter way. We would really appreciate your time, effort and advice.

Thanks for reading my query!

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11 Replies

unique horn (self) 22 November 2011

First we can see to whom HINDU MARRIAGE ACT applies...

(1) This Act applies -

(a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samam,

(b) to any person who is a Buddhist, Jaina or Sikh by religion, and

(c) to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.

Explanation.-The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be:-

(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;

(b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or

belonged; and

(2) Notwithstanding any thing contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.

(3) The expression 'Hindu' in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion, is, nevertheless, a person to whom this Act applies by virtue of the provisions contained in this section.

So First get convent as Hindu then think of Marriage... else your marrige will comes under Special Marriage Act.

**Victim** (job) 22 November 2011

I suggest first change your name in U.S. it has nothing to do with religion in U.S. no one is going to ask you what religion you follow when you change your name and then commence your marriage in U.S. so by that way you get your new name in marriage certificate.

**Victim** (job) 22 November 2011

You can also perform hindu marriage cermony in newark avenue in Jersey City,NJ which is very close to New York.

Dr J C Vashista (Advocate) 22 November 2011

Change your religion by performing SHUDHIKARAN, change your name of your choice, get married as per Hindu rites and rituals (customs and ceremonies) whether in India or US. It is easy and not a cumbersome in Mumbai, however, please find out in US

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 23 November 2011

:-) Agreed with Maj.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

gn_capri (BA) 23 November 2011

Thanks to all those who replied.

Unique Horn pasted the rules one of which was "any child, legitimate or illegitimate, one of whose parents is a Hindu". That made me realise it might still be aplicable to me because my mother is still a Hindu. Nevertheless I think going by what Dr Maj J C Vashista and others have replied/confirmed, it is better to change name and religion first.

So can anyone confirm this:

1. I will apply for change of name due to change of religion in Mumbai Gazette office, give adv in paper and get new passport after submitting other required documents in Indian Consulate NY. New passport will have name "Deepali Rajat Deshpande".

2. I will try to get Sudhikaran done here or else when we come to India.

3. Get married in the US and marriage certificate will have new name affter changing on passport as well as SSN, Driver's License here etc.

4. Come to India. Perform hindu religious marriage ceremony.

How will my marriage in India be registered. Will it be registered under the Foriegn Marriage Act (because I first got married in US) or will it be registered under the Hindu Marriage Act? If it is going to be under Foriegn Marriage Act will the authorities still issue an Indian Marriage Certificate in the new name or or will it be just noting in the Government records that I am married?

I am going into too much detail but can't find this information anywhere on the net :(