Whether a Hindu girl and a Hindu boy, who have attained the requisite age for marriage and satisfy other conditions for marriage, can marry outside India as per Hindu rites? Will it be a valid marriage? Whether a foreigner Christian or Muslim can marry a Hindu girl in India, when they are otherwise competent to marry? What will be the consequences of such marriages? Hindus marrying outside the territory of India: 1. As per the Hindu Marriage Act, male and female belonging to the Hinduism alone can marry each other observing Hindu formalities. This applies not only to a Hindu by religion, but also to Buddhist, Jaina or Sikh by religion and to any other person who is not a Muslim, Christian, Parsi or Jew by religion. 2. Hindu Marriage Act extends to the whole of India, except the State of Jammu and Kashmir. 3. It extends to the Hindus and others mentioned above, who have domiciled in the territories to which Hindu Marriage Act extends and who are outside India. 4. So if both the parties to the marriage are Hindus and domiciled in India and subsequently went to USA, they can very well contract their marriage in USA by observing Hindu formalities under the Hindu Marriage Act. They will have liabilities and remedies under the Hindu Marriage Act. 5. A Hindu girl born and brought up in India went to USA for studies and subsequently got employment in USA and settled there, wants to marry a USA Christian boy in USA, then the boy should convert himself into Hinduism or the Hindu Indian girl should convert herself into Christianity and marry each other in USA. A Christian citizen of USA marrying a Hindu girl in India: 1. A Christian or Muslim male US citizen loves a Hindu girl and wants to marry her in India. They can very well marry in India as per Hindu Marriage Act, provided he embraces Hinduism; or 2. The male without converting himself into Hinduism, can marry the Hindu woman in India as per the Special Marriage Act, 1954. 3. The procedure for an American citizen (or any non-Indian) to get married in India depends on whether the parties wish to participate in a religious ceremony or a civil ceremony. If the government asks for a no objection letter”, the US citizen can satisfy this request by making an affidavit at the U.S. Embassy regarding his marital status and eligibility to marry. 4. In India, a religious marriage ceremony is generally considered a legal marriage. However, for marriages registered under the Hindu Marriage Act (affecting Hindus, Jains, Sikhs and Buddhists), the certificate issued by the temple or gurudwara may not be legally sufficient for all purposes. Individuals married under the Hindu Marriage Act may seek a formal marriage certificate from the Registrar of Marriages. 5. If one of the parties is not Indian, the registrar may request a “no objection letter” and proof of termination of any prior marriages. 6. If the parties are married in a Christian, Muslim, Parsi, Jewish, Baha’i or other religious ceremony, the certificate issued by the religious authority (e.g., the church’s marriage certificate, the mosque’s nikah nama, etc.) generally is sufficient proof of marriage, and no certificate from the marriage registrar is necessary. 7. Parties, who do not wish to marry in a religious ceremony, can instead opt for a civil ceremony pursuant to the Special Marriage Act, 1954. Also, individuals of different religions should register the marriage under the Special Marriage Act, even if a religious ceremony has also been performed. This may also require a “no objection letter” from the concerned embassy. If marriages are contracted in contravention of the above points, marriage may be covered neither under the Hindu Marriage Act nor under the Special Marriage Act and they may not be entitled to the remedies mentioned therein. The above points are not exhaustive but only inclusive. You may debate and discuss various points so that more clarity is arrived at for the benefit of our F-friends. V. Sithannan, B.Sc., M.L., CC & IS., Formerly Deputy Commissioner of Police, Chennai and Superintendent of Police & Principal, Tamil Nadu Police Academy and practicing Advocate, Madras High Court.
Posted on: Sun, 07 Sep 2014 17:03:58 +0000
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