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Author Topic: Foreign registered marriage validity in India  (Read 351 times)

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Offline Hari12

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Foreign registered marriage validity in India
« on: January 08, 2019, 06:42:16 AM »
I am Indian, at present staying at abroad with permanent residency. My religion is Hindu. I am planning to get marry as per Civil marriage act of the foreign country without following any Indian custom.
I understood that Foreign Marriage Act,1969 the foreign marriage of Indian citizens is valid and under this Act Indian court will have jurisdiction to adjudicate for any dispute between parties under this Act.   
However, I was reading some article and the message was that,
The Marriage which was solemnized and registered in any foreign country between two Indians cannot give jurisdiction to Indian court unless and un-till the foreign marriage was duly Registered under the Foreign Marriage Act, 1969 in any of the foreign country (before the Indian High Commission and or before the Indian Consulate Generals Office as the case is) OR was certified under the Act in that foreign country where it was solemnized OR the marriage was got registered in India by the parties either under the Special Marriage Act, 1954 or any other Matrimonial enactment made for the registration of the marriage.
Query: This means suppose marriage was registered in foreign and neither registered as per "Foreign Marriage Act, 1969" nor before the Indian High Commission and before the Indian Consulate Generals Office....In such case Indian law is still applicable?   
Kindly advise.

Offline advjaibansal

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Re: Foreign registered marriage validity in India
« Reply #1 on: January 22, 2019, 08:25:07 PM »
Under the circumstances explained by you if the marriage is not registered under foreign marriage act , which was solemnised in foreign country. the Indian court will not have the jurisdiction. Unlike foreign countries, where you have file for divorce and adjudication of other disputes even if the parties are married in india, after staying 180 days in the foreign country. the Indian courts do not have such provision that if you are married in foreign country as per foreign law, you can file any case in india.

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