Plan to marry abroad? Here's how to make it legal in India.

Just because you've had a lavish wedding in Italy or signed papers in New York doesn’t mean Indian law automatically acknowledges your union, several legal experts told Mint. Recognition depends on your personal law and the manner in which the marriage was solemnised.

Where to register the marriage

The marriage of an Indian citizen in cases where the wedding took place outside India is valid back home when it is solemnised in either of these ways: in the foreign country under the Foreign Marriage Act, 1969 (FMA) or in India under the Special Marriage Act, 1954 (SMA). In simple terms, ‘solemnised’ means a religious or legal ceremony was conducted to make a marriage official.

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An Indian citizen is likely to marry outside India under one of three circumstances – in a destination wedding, if they are marrying a non-resident Indian (NRI) or a foreign citizen in their partner’s country of residence, or if they are a resident of a foreign country and wish to register the marriage there.

In all three cases, the marriage must be solemnised under the FMA or SMA for it to be legal in India. This is required irrespective of whether the couple had a traditional ceremony based on their religious customs in the foreign country, experts said.

Shashank Agarwal, advocate and founder, Legum Solis, said, “Section 15 of the Foreign Marriage Act, 1969 provides that the marriages between parties (one or both of whom is an Indian citizen) solemnised outside India in any foreign country will be good and valid in law in India. The only condition is that the marriage should be solemnised in compliance with the provisions of the FMA."

“Besides the ceremony, the registration of marriage and a certificate of marriage from the marriage officer in that foreign country is a must," he added.

Registering a marriage under the FMA is fairly simple. Shaishavi Kadakia, partner at Cyril Amarchand Mangaldas, explained that it requires submitting forms, paying a fee, and having the marriage attested by three witnesses.

“For solemnisation under FMA, the prospective couple must appear before the marriage officer, who is a consular officer in a foreign country, with three witnesses and submit a ‘notice of intended marriage’, a fee, and a declaration confirming their age, citizenship and other relevant facts. The notice is then published both in India and the foreign country, and if no objections are received within 30 days, the marriage can be solemnised before the marriage officer in the presence of three witnesses," she said.

As the FMA requires both partners to be physically present in the country to submit the notice at least 30 days before the wedding, it may not be viable for Indian citizens who simply want to marry outside India at a destination wedding.

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A destination wedding performed as per traditional customs but not solemnised under the FMA must be solemnised under the SMA in India to be valid. Indian laws recognise a marriage solemnised as per traditional customs only if it is performed in India. If the traditional ceremony took place abroad, the ceremony alone will not suffice.

Mrunalini Deshmukh, a family and matrimonial lawyer, said, “Say, under the Hindu Marriage Act, the law requires that the marriage be solemnised within the territorial jurisdiction where it is being registered. So, if the marriage was performed abroad—even if all the Hindu rituals were followed—it may not be possible to register it under the Hindu Marriage Act in India." In such a case, unless the couple once again performs Hindu rituals in India, the marriage should be registered under SMA and not the Hindu Marriage Act.

However, in reality, most couples present documentation to the registrar suggesting that the wedding took place in India just to register the marriage under their personal laws, a lawyer who did not wish to be named told Mint. “This is common practice, though not strictly legal."

When to register under SMA

The SMA allows registration of marriages that weren’t necessarily solemnised in India, and doesn’t require religious ceremonies, said Deshmukh. However, the couple has to go through the process of issuing a public notice and being physically present in India to complete it. It’s therefore not preferred by NRIs, who instead get the marriage solemnised under the FMA in the country of their residence.

Tushar Kumar, an advocate at the Supreme Court of India, said while a foreign marriage solemnised under the FMA need not be registered in India to be considered legally valid, parties may still choose to register it under Indian law for evidentiary or administrative convenience. “If the parties reside in India, they may apply for registration of their foreign marriage under Chapter III of the SMA," he said. “The Indian registration acts only as a domestic acknowledgment and formal entry into Indian records. It does not replace or nullify the foreign registration."

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This SMA registration process involves giving a formal notice to the local marriage registrar, followed by the publication of the notice for a 30-day objection period. Upon completion of verification procedures and satisfaction of all legal criteria, the marriage is officially registered.

Deshmukh recounted cases in which couples married in a foreign country such as Italy or the US and later struggled to get it recognised or registered back in India. “Some Indian registrars even refuse to register marriages solemnised abroad unless they fall under the FMA or the SMA," she said.

What about divorce and alimony?

Since marriages involving Indian citizens registered in a foreign country are considered valid in India, Indian alimony laws would also apply if such a couple were to file for divorce before an Indian court.

Agarwal said the laws definitely apply if the couple resided in India. “If both the parties are living outside India, no petition for divorce or any of the Indian alimony laws can apply. However, if either of them is residing in India then the divorce petition may be filed, depending on the facts of the case, before an Indian court and the Indian alimony laws can apply," he said.

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Deshmukh strongly advised couples who married outside India to register their marriage in India, even if they have a valid foreign certificate. “Registration gives you a signed and sealed document from Indian authorities. That’s a strong legal shield," she said.

Such registration plays a vital role during potential divorce proceedings, custody battles, alimony claims, property disputes, and even visa and immigration processes. “It gives you legal clarity and proof. Otherwise, you may have to prove the existence of your marriage all over again if it’s ever challenged," Deshmukh added.

Priyanka Desai, co-founder and partner, The Fort Circle, said, “The validity of a marriage may come under scrutiny in matters relating to divorce, alimony, maintenance, inheritance or immigration. For a marriage solemnised outside India to be considered valid in India, it must be considered valid under the laws of the country where it was solemnised and must also comply with the Indian laws as per applicable personal laws and customs."