What Are the Legal Implications of a Second Marriage After Divorce?

Yes, an NRI couple can register their marriage in India. The process for registering a marriage depends on whether the couple wishes to register under the Special Marriage Act (SMA), which is a secular law, or under religious personal laws such as the Hindu Marriage Act or Muslim Personal Law.

Key Steps for NRI Couples to Register Their Marriage in India:

1. Marriage Under the Special Marriage Act, 1954: The Special Marriage Act (SMA) is commonly used for NRIs who wish to marry in India, as it does not require the couple to follow religious customs. The steps for registration under this Act are as follows:
   • Notice of Intended Marriage: The NRI couple must submit a Notice of Intended Marriage to the Marriage Registrar in the area where one of them has been residing for at least 30 days prior to the application. If both are NRIs, the notice can be submitted in any part of India where they choose.
   • Residence Requirement: The NRI spouse (either Indian or foreign) must have been residing in India for at least 30 days before applying for marriage registration. This is a key requirement, but it may not apply if the couple is married abroad.
   • Public Notice: The notice of the intended marriage is displayed publicly for 30 days to allow any objections. If there are no objections, the marriage can be registered.
   • Marriage Registration: After the notice period, the couple can marry in the presence of three witnesses, and the marriage is registered. They will receive an official Marriage Certificate.
   • Documents Required:
     • Proof of residence in India for at least 30 days (e.g., utility bills, rental agreement, etc.)
     • Valid passports of both parties (for identity verification)
     • Proof of age (birth certificate, passport)
     • Passport-sized photographs
     • Witnesses (3 witnesses are required at the time of marriage)
2. Marriage Under Personal Laws (e.g., Hindu Marriage Act, Muslim Personal Law): If the NRI couple is married under religious customs (e.g., Hindu or Muslim marriage rites), they can still register their marriage under the relevant personal law.
   • Hindu Marriage Act: If the marriage follows Hindu customs, the couple can get married and then register the marriage under the Hindu Marriage Act.
   • Muslim Personal Law: If the couple is Muslim, the marriage can be registered according to Muslim Personal Law with the help of a marriage registrar.
   • Registration of Marriage: In either case, after conducting the religious ceremony, the marriage should be registered at the local sub-registrar’s office, and the couple will be issued a marriage certificate.
3. Marriage in a Foreign Country: If the NRI couple is married outside of India, they can still register their marriage in India, provided the marriage is legally valid in the country where it took place. They must present the foreign marriage certificate along with the necessary documents to the Indian authorities for registration in India. This can be done under the Special Marriage Act or through the respective personal law if applicable.
4. Role of Consular Services: In case the couple is residing abroad, they can approach the Indian Consulate or Embassy in their respective country to facilitate the marriage registration process. Consular services can help authenticate documents and provide guidance on registering the marriage in India.

Example

An NRI couple, where the bride is Indian and the groom is a foreign national, decides to marry in India under the Special Marriage Act. The groom must ensure he has been residing in India for at least 30 days before applying for marriage registration. After submitting the notice and fulfilling the requirements, the couple gets married in the presence of three witnesses, and their marriage is officially registered. They will then receive a Marriage Certificate from the Registrar.