How to Register NRI Marriages in India?

Understanding NRI marriages is important for ensuring the recognition of the rights and responsibilities of both parties, especially when the spouses reside outside India. Such marriages require NRI marriage registration, which legally recognizes marriages held abroad or in India.

Despite everything, this registration plays a vital role in inheritance, property rights, and nationality matters. In this regard, marriage is allowed under Indian laws, which safeguard the interests of both parties in the future.

So, let's take a closer look at why NRI marriage registration matters and how it helps protect the rights of both partners.

The Law Commission of India suggests that marriages between Non-Resident Indians and Overseas Citizens of India be registered in India to curb such illegal marriages and other activities. This registration would end the ambiguity and uncertainty when there are disputes over property, inheritance, or even custody rights. 

It will also make all related legal procedures, such as visa, immigration, and child documentation, easier. It will also help avoid certain complex legal procedures in the future, especially when cases related to divorce or separation are concerned. 

Generally, marriage registration in India is supposed to safeguard the rights and interests of both couples involved through compliance with local and foreign legal systems.

Here is the step-by-step guide to the NRI marriage registration procedure:

Step 1: Determine whether to register under the Hindu or Special Marriage Act according to your individual beliefs and requirements.

Step 2: Collect all necessary documents like passports, photographs, and proof of domicile.

Step 3: Approach the nearest Indian diplomatic mission for the registration process and to get any such specific forms required if needed.

Step 4: After filling out the form, attach all the required documents and submit them along with the fee at the Indian embassy or consulate.

Step 5: In most cases, both parties are made to appear for an interview or verification process.

Step 6: After acceptance, a genuine marriage certificate will be issued under a seal and handed over to the parties interested, establishing the legality of the marriage.

Here are some challenges and their solutions regarding NRI marriage registration in India:

Some of the common complaints about the registration of NRI marriage are:

• Delayed Registration: Non-registration of marriage within time can attract penalties or legal consequences.
• Passport Complications: The Passport Authority may cancel or freeze an NRI's passport in case the marriage is not registered within 30 days of the marriage function.
• Steps for Registration: The sub-registrar of the district where one of the spouses resides will give both parties a 30-day notice.
• Language Barriers: This further complicates communication with the officials as many of them are not fluent in the local languages, and there could be some miscommunication.
• Knowledge of Procedures: It may so happen that NRIs do not know the specific procedures and requirements for getting the marriage registered in India.

Further issues in NRI marriages comprise Custody fights over children, wife desertion, domestic violence, the husband was already married, and ongoing dowry demands.

Here are some quick tips and solutions for a hassle-free NRI marriage registration process:

Indian Embassies and consulates also contribute significantly to the NRI marriage registration procedure. They provide suitable guidance for the whole process, authenticate the documentation, and further facilitate the registration procedure. 

In this regard, their participation establishes that the marriage meets all the legal requirements of Indian law, providing a liaison between the foreign jurisdiction where the marriage occurred and Indian legal requirements.

The Non-Resident Indian (NRI) Marriage Registration Bill 2019 clearly states that the NRI has to register his/her marriage within 30 days. It goes a step ahead by suggesting amendments to the Passport Act, 1967, and the Code of Criminal Procedure, 1973. Among some of the significant changes which it has suggested for amendment are:

• Passport: The passport authority shall cancel or seize the passport or travel document of an NRI within thirty days for failure to register his marriage.

• Summon: In case delivery of the summons is not possible, it can be affixed at a designated website. If the person does not accept the responsibility by responding, an arrest warrant can also be posted there.

• Property Attachment: Properties of a declared offender can be seized.

• Bills: The Bill aims to enhance deserted spouses' rights under family law.

The advantages of getting an NRI marriage registered include:

• Legal Recognition: It legally recognises the marriage, which is a requirement for legally giving rights and benefits.
• Less Complicated Legal Procedures: In case of a tiff between each other, if a registered marriage is possessed, the legal procedure regarding divorce, child custody, and claims over property would be easier.
• Documentation for Future Requirements: A marriage certificate is one of the most important documents required for any legal purposes, such as obtaining a visa, obtaining property, or inheriting a property.
• Protection Against Fraud: The NRI Marriage Certificate acts as protection against fraud or bigamy, where fraud cases or bigamy cases are protected by law on both sides.

Registering a marriage for a foreign national in India is ₹10,000. Following are some additional charges involved in this process:

• Registration of Indian national marriage: ₹500 for the general category and ₹200 for SC/ST
• Copy of the marriage register: ₹200
• Extract from the marriage register: ₹50
• Legitimation of children: ₹500
• Divorce endorsement: ₹500
• Adoption endorsement: ₹100

Here are the major things to remember before marrying in India for a Non-resident Indian:

Paperwork: All documents are required, including a passport, proof of residence, photographs, and any divorce or death certificate if the couple has been married before. If the paperwork is not complete, the process will take some time.

Choosing the Right Act: You select the correct marriage registration act according to your religion and choice. The special marriage act applies to inter-religious couples or those who prefer a civil marriage.

Witnesses: At least two witnesses should be present for the registration process. They should be eligible and more than eighteen years of age while available in the registrar's office.

Legal Recognition: The Indian husband must understand that registering the marriage in India obtains legal recognition, which further solves the issues of inheritance, property rights, and custody.

Registration Timing: The earlier the marriage is registered, the fewer chances the couple will face later hassles regarding its legality. If you plan to stay abroad, timely registration will make it easier to handle visa applications and other legal procedures before settling in your new place.

Language Barrier: If either of you does not speak the local language, hire a translator so that both can understand all the paperwork and procedures perfectly.

Follow-up Process: Track where your application is so you can follow up with the registrar's office the moment you encounter a delay in receiving the marriage certificate.