NRI MARRIAGE IN INDIA
Who Is Non-Resident Indian (NRI)
Foreign Exchange Management Act 1999, (Act 42 of 1999), Section 2 defines Person resident in India and a person resident outside India but does not define the term NRI. Under FEMA, a person resident in India is one who resides in India for more than 182 days in the preceding financial year and who comes or stays in India for any purpose.
Non-Resident Indian is defined as a person who is not a resident in India. Therefore, an NRI or Non-Resident Indian can be summed up as an Indian citizen who is ordinarily residing outside India and holds an Indian passport. In other words “Non-Resident Indian-NRI” means an individual, being a citizen of India or a person of Indian origin who is resident outside India. Marriages by and/or with Non-Resident Indians (NRI marriages) are a class apart in matrimonial law. Generally, the main motive for such a marriage is immigration to a foreign land in pursuit of greener pastures.
Non-Resident Indian marriages may be between;
- Non-resident Male and an Indian Female,
- Non-resident female and an Indian male,
- Both Indian spouses who later on migrate to a foreign land either together or separately,
- Both non-resident Indian spouses who marry under Indian marriage laws either in India or in a foreign country,
- An Indian spouse, male or female, marrying a foreign spouse under Indian marriage laws either in India or in a foreign country.
A marriage certificate is an official recorded document issued by a governmental authority that proves that the couple listed on the marriage certificate has a legal marriage.
A marriage certificate usually contains who married who, when they were married, where they were married, who married them, and who was there.
Relation between NRI marriage in India and Marriage Certificate
NRI marriage in India is mostly a well-planned personal decision in these days. The traditional parental selection of spouses based upon caste and status is retained but would be spouses have come to play a big role in the individual spousal choice. Parents of bride or bridegroom will confirm everything about the family of each other. But when we talk about NRI marriage, then everybody needs to give some extra care. In an NRI marriage, a marriage certificate plays a very important role in many ways.
We can also say that, benefits of a marriage certificate;
- Others countries did not recognize the marriage of our country without the marriage certificate. Every country follows own Marriage law. Those couples who complete the condition of their law, only those will fall in the categories of husband-wife in their country. A marriage solemnized in India fall in the category of “Foreign Marriage” in others country. A Common definition of Foreign Marriage in most of the other countries is “Marriages will be recognized if they were valid in the country where they were performed if the marriage would be legal under our law. The foreign marriage certificate is proof of marriage and marriages need not be registered”.
- We heard about the Fake NRI very commonly, someone pertained himself NRI and solemnized marriage with Indian girl or boy and after solemnized marriage, they came to know that the person is not NRI and he/she cheated all of them and spoil the future of the girl or boy. For avoiding the above-said situation, Marriage should be registered. A Marriage certificate helps to you know the status of the person as an NRI or his/her marital status. Because at the time of preparing the marriage certificate of NRI couple, the person who is NRI must produce the verification letter issued from the embassy of the country where from he/she belonged and whether he/she is single or not. In short, we can say that without a marriage certificate an NRI marriage is incomplete.
In a same-day Marriage Registration–
Most of the NRI couples did not show their interest in registration the marriage due to the lack of time and the long process of marriage registration. No doubt, without registration they will reside being a husband and wife in another country on the basis of love and faith of each other but law of that country will never recognize them as a husband-wife. Being an NRI, show his/her love towards your partner and create a faith of his/her partner upon him/her, must register their marriage before leaving the country (India).
Advocateinchandigarh provides the services to the NRI’s, to register marriage in Chandigarh and obtain a marriage certificate on the same day.
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