Foreign Nationals Marriage Act 1969 - Can the Indian Embassy Austria solemnise marriage performed In India?

Question

Indian Hindu Girl married an Austrian as per the Hindu Rituals .

The Rituals start with upanayanam of the boy to become a brahmin with sacred thread and hindu name followed by various rituals in front of Agni with chanting Mantras and tying Tali followed by Saptapati .Now they would like to get this solemnised in the Indian embassy at Vienna, Austria as per the Foreign Nationals Marriage act 1969 . What are the requisites they should fulfill .

The Marriage was not registered in India . They have the letter from the Prohit who performed the marriage , the marriage invitation and photos of various rituals . Is this sufficient .Kindly post your answer.

Answer 1

One thing I can't understand who all are the intelligent lawyers who advice people like this couple for going through such marriages i.e. firstly to convert the non-Hindu to Hindu religion, then going through full Hindu form of Marriage whose ceremonies include the necessary performance of Saptpadi, but after going through all this NOT GETTING THIS MARRIAGE REGISTERED IN INDIA UNDER SECTION 8 OF THE HINDU MARRIAGE ACT, 1955 OR UNDER SECTION 15 OF THE SPECIAL MARRIAGE ACT, 1954 & GET VALID MARRIAGE CERTIFICATE ON THE SPOT ITSELF. The very fact if this marriage took place in India according to all this what you state here, why this marriage was not preformed according to the Special Marriage Act, 1954 before the Marriage Officer according to civil form & got a proper Marriage Certificate from the Marriage officer then itself, now when the parties are in Vienna, Austria now the Marriage certificate is required you are looking right & left for this. Sorry Sir this marriage cannot be registered under the Foreign Marriage Act, 1969 as this marriage took place according to Hindu form of marriage in India & not in a foreign country. Section 17 of the Foreign Marriage Act, 1969 clearly provides: Registration of foreign marriages

(1) Where --

(a) a Marriage Officer is satisfied that a marriage has been duly solemnized in a foreign country in accordance with the law of that country between parties of whom one at least was a citizen of India ; and

(b) a party to the marriage informs the Marriage Officer in writing that he or she desires the marriage to be registered under this section,

The Marriage Officer may, upon payment of the prescribed fee, register the marriage.

Now what all they can do to get a Valid marriage certificate from India. Firstly to get this marriage registered under section 8 of the Hindu Marriage Act,1955 where the conversion certificate of this man, certificate of the prohit,photograph of marriage ceremony etc will be required & then this marriage will be registered by the Registrar of Marriages where this marriage was preformed & where this India lady resided & such officer shall issue valid marriage certificate. This Marriage can also be got registered under section 15 of the Special Marriage Act,1954 & a valid marriage can so also be obtained but from India only. The Indian Embassy will not in any circumstance register this marriage under the Foreign Marriage Act,1969 for the reason I stated above, however since the Indian Embassy consular officer who hold the charge of the Marriage Officer to get such marriages preformed or registered under the Foreign Marriage Act,1969 also has the charge to do so under the Special Marriage Act,1954 to get marriages preformed & registered under this Act but I'm very much sure the Indian Embassy in Vienna , Austria will refuse to admit this fact & register this Marriage registered under the Special Marriage Act,1954 rather ask this couple to get this done from India. Secondly this couple doesn't have the Privilege to have an Indian Advocate who can get this done from these Indian Embassy staff there in Austria. The last option left for this couple is to get a fresh marriage preformed under the Foreign Marriage Act,1969,just forgetting all that happened in India or get married according to Austrian civil marriage law which provided marriage between Austrian citizens with any foreigner, then get that marriage registered under the Foreign Marriage Act,1969. Just see when ever I'm telling every one from this Yahoo forum to get married according to civil form of marriage under the Special Marriage Act, 1954 with Indian or foreigner with same or different religion person, no one listen to me as for every one RELIGIOUS MARRIAGE IS MOST IMPORTANT & WHEN THEY SUFFER LIKE THIS THEY COME RUNNING SEEKING ADVICE FROM YAHOO ANSWERS OR WRITE DIRECTLY TO ME.