- 25-Dec-2024
- Family Law Guides
In India, proxy marriage—where one or both parties are not physically present and are represented by someone else (a proxy) during the solemnization of the marriage—is not generally recognized under most circumstances. The laws governing marriage in India, such as the Hindu Marriage Act and the Special Marriage Act, require the presence of both parties during the marriage ceremony for it to be legally valid.
The Hindu Marriage Act does not provide for or recognize proxy marriage. The marriage under this Act requires the presence of both parties to solemnize the marriage, as per the traditional Hindu rituals or ceremonies.
Section 7 of the Hindu Marriage Act mandates that the marriage must be performed with the mutual consent of the parties and in the presence of a priest, but it requires the couple to be physically present for the ceremonies and rituals.
The Special Marriage Act, which allows for the registration of marriages irrespective of religion, also does not explicitly provide for proxy marriages.
According to Section 5 of the Special Marriage Act, the marriage must be solemnized in the presence of the marriage officer, and both parties must be physically present to sign the marriage register. Proxy marriages are not allowed under this Act either.
In order to get married under Indian law, the parties must generally be present and sign the required documents in front of the authorities. Even if the marriage is conducted in a court, the presence of both parties is required to complete the legal formalities.
The marriage officer or priest (depending on the Act) must verify the identity and consent of both parties, which would not be possible if one party is absent and represented by a proxy.
While proxy marriages are not allowed in India, some foreign countries (such as the United States or certain European nations) may allow proxy marriages, particularly in cases where one partner is serving in the military or is otherwise unable to attend the wedding. However, such marriages still need to be recognized under Indian law if the couple intends to live in India.
If a proxy marriage is solemnized abroad and the couple returns to India, the marriage will likely need to be registered under the Special Marriage Act, and the validity will be subject to Indian law. In practice, Indian authorities may not automatically recognize the marriage as valid unless both parties are physically present in some capacity.
In cases where one party is unable to be present due to serious illness or absence from the country, the person may authorize a representative through a power of attorney. However, this is not the same as a proxy marriage. A power of attorney can authorize someone to act on behalf of a party for specific purposes (such as handling property or legal matters), but the marriage still requires the direct involvement of both individuals in its solemnization.
An Indian citizen living abroad wishes to marry someone in India, but due to work commitments or travel restrictions, one of them cannot attend the wedding in person. In such a case, if they attempt to have the marriage solemnized through proxy, the marriage would not be legally recognized in India unless both parties are physically present at the marriage registration.
In India, a marriage cannot be solemnized through proxy under the Hindu Marriage Act or the Special Marriage Act. Both parties must be physically present during the ceremony, and the marriage must be registered by a marriage officer or performed in front of the necessary witnesses. Proxy marriages, while permitted in some countries, are generally not recognized in India, and such arrangements may lead to legal complications. Therefore, anyone intending to marry in India should ensure both parties are present to comply with the legal requirements for marriage registration.
Answer By Law4u Team
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