NRIs can register a marriage in India in three main ways. A Hindu, Sikh, Jain or Buddhist marriage already solemnised can be registered under section 8 of the Hindu Marriage Act and state rules, usually with both spouses and witnesses appearing before the registrar. Interfaith couples, or couples including a foreign national, can marry under the Special Marriage Act 1954 after a 30-day notice. A marriage abroad may be solemnised or registered under the Foreign Marriage Act 1969 at an Indian mission.
- Hindu marriages
- Section 8, Hindu Marriage Act 1955
- Civil marriage
- Special Marriage Act 1954
- Marriage abroad
- Foreign Marriage Act 1969
- For use abroad
- MEA apostille or attestation
Which law should you register under?
| Situation | Law | Key requirement |
|---|---|---|
| Both Hindu, Sikh, Jain or Buddhist; religious ceremony already held in India | Hindu Marriage Act 1955, section 8, with state registration rules | Proof of ceremony, both spouses and witnesses before the registrar |
| Different religions, or one spouse a foreign national, marrying in India | Special Marriage Act 1954 | Notice to the Marriage Officer, 30 days' residence of one party in the district, 30-day objection period |
| Religious ceremony already held, couple wants a civil certificate | Special Marriage Act, section 15 | Registration of an existing marriage, with residence and notice conditions |
| Marrying abroad, at least one party an Indian citizen | Foreign Marriage Act 1969 | Before an Indian diplomatic or consular Marriage Officer, with notice and residence in that district |
| Married abroad under local law | Local certificate, apostilled; or registration under the Foreign Marriage Act | Recognition depends on the marriage being valid where held and the parties' capacity |
In Seema v. Ashwani Kumar (2006) the Supreme Court directed states to make registration of marriages compulsory, and most states have rules or laws to that effect. Registration is evidence of a marriage; for Hindu marriages it does not create one. The ceremony must still have taken place according to the customary rites of either party.
Registering a Hindu marriage on a visit home
Most NRI couples marry in a religious ceremony in India and register afterwards. The application goes to the registrar or sub-registrar of marriages for the area where the marriage took place or where either spouse lives, depending on the state rules. Both spouses normally appear in person with witnesses who attended the wedding, original ID and proof of age, wedding photographs and the invitation card. Several states take online applications and give appointments, which allows the whole process to be finished within a short visit if the paperwork is ready.
Registration by power of attorney is not generally accepted, because the registrar needs both spouses before them. A few courts have allowed appearance by video in exceptional circumstances, but you should plan for both spouses to be present. If one spouse has already left India, we can advise on whether the local registrar or the High Court is likely to allow an alternative.
Special Marriage Act: when one partner is a foreign national
A marriage between an Indian citizen and a foreign national, or between people of different religions, is usually solemnised under the Special Marriage Act. The steps are fixed by the Act:
- Notice: the couple gives written notice in the prescribed form to the Marriage Officer of the district where at least one of them has lived for at least 30 days before the notice (section 5).
- Publication and objections: the notice is displayed and anyone may object within 30 days (section 7). Some offices also send a copy to the parties' permanent addresses.
- Solemnisation: after 30 days, if no objection is upheld, the marriage is solemnised before the Marriage Officer and three witnesses, and the certificate is entered in the Marriage Certificate Book.
The notice lapses if the marriage is not solemnised within three months, so the whole process needs a stay of at least a month in India. A foreign national usually needs a passport, visa, and often a certificate of single status or no impediment from their own embassy or authorities, sometimes apostilled. Divorced or widowed parties need the decree or death certificate.
Marrying or registering abroad
The Foreign Marriage Act 1969 allows a marriage outside India, where at least one party is an Indian citizen, to be solemnised before an Indian Marriage Officer at a mission abroad, after notice and a residence period in that consular district. Section 17 also provides for registration of a marriage already solemnised under the law of the foreign country. In practice, many missions now handle few such marriages, and couples instead marry under local law and use the local certificate, apostilled where possible, in India.
Once a foreign spouse holds a marriage certificate, they may in time become eligible for an OCI card as the spouse of an Indian citizen or OCI cardholder, once the marriage has been registered and has subsisted for at least two years. See OCI card help.
Making the certificate work for a visa abroad
Immigration authorities differ in what they ask for. Some accept a certified copy of the Indian certificate with an English translation; others, and many foreign civil registries, want an apostille from the Ministry of External Affairs. For non-member countries such as the UAE, the certificate needs MEA attestation followed by the destination country's embassy attestation. Always check the current checklist for your specific visa or registration and follow it exactly. The process is explained on our apostille and attestation page.
- Make sure names match passports exactly, including middle names and spellings. Correcting a certificate later is slow.
- Obtain several certified copies at registration so that one can be apostilled and others kept.
- Keep photographs, invitations and proof of the ceremony; visa officers often ask about the genuineness of the relationship as well.
After registration: passports, OCI and records
A registered certificate is the document most offices ask for after a wedding. An Indian passport holder who wants to add a spouse's name, or change a surname, applies to the passport authority or the Indian mission abroad with the marriage certificate. A foreign spouse planning to apply for OCI later needs the registration to be in place, because the two-year period runs from a registered marriage that continues to subsist. Banks, insurers and employers abroad will also ask for the certificate to update nominations and benefits. Keeping a few certified copies, one of them apostilled, saves a second trip to the registrar's office.
Mistakes to avoid
- Arriving for a Special Marriage Act marriage with less than 30 days of residence in the district.
- Relying on a religious certificate from a temple or gurdwara alone for a visa that requires civil registration.
- A foreign spouse without proof of single status or of a prior divorce.
- Laminating the original certificate, which prevents apostille.
- Registering in one state with a residence proof from another without checking the rules.
Fees and timelines
Government fees for marriage registration are fixed by each state and are generally modest. Hindu Marriage Act registration can be completed within days if appointments are available; Special Marriage Act marriages need at least the 30-day notice period. MEA apostille adds from a few days to a few weeks. Our fee covers drafting, the appointment, document checks, attendance and legalisation, quoted in advance.
Documents you need
Bring originals to the registrar; send us scans in advance so we can check them.
- Passports of both spouses, with visas and OCI cards
- Proof of age: birth certificate or school certificate
- Proof of address in the district
- Wedding invitation and ceremony photographs
- Two or three witnesses with ID
- Single status or no-impediment certificate for a foreign spouse
- Divorce decree or spouse's death certificate, if previously married
- Passport-size photographs of both spouses
How we handle it for you
Planning call
We confirm the right law and the dates you need to be in India.
Document check
Names, ages, residence and foreign documents checked before you travel.
Application and notice
Online application or Special Marriage Act notice filed for you.
Registration
We accompany you and your witnesses before the registrar.
Apostille and dispatch
Certificate apostilled or attested and couriered abroad if you have left.
Why clients choose ProudLegal
Built for clients abroadVideo calls in your time zone and documents signed where you live.
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Frequently asked questions
Can I register my marriage in India without travelling?
Generally no. Registrars expect both spouses in person. Only exceptional court orders have allowed video registration.
How long does the Special Marriage Act process take?
At least 30 days after notice, plus the 30 days of residence required before notice.
Can an NRI marry a foreign national in India?
Yes, under the Special Marriage Act, with the foreign national's passport, visa and proof of single status.
Is a temple or gurdwara certificate enough for a visa?
Often not. Most authorities want a civil registration certificate issued by the state.
Does my marriage certificate need an apostille?
It depends on the receiving country and authority. Many foreign registries ask for an MEA apostille.
Can we register a marriage that happened years ago?
Yes. Late registration is possible, sometimes with an affidavit explaining the delay and a late fee.
Can a marriage be registered at an Indian embassy?
The Foreign Marriage Act allows it where at least one party is an Indian citizen, subject to notice and residence rules.
Does registration make a marriage valid?
For Hindu marriages, validity comes from the ceremony. Registration is strong evidence of it.