Registering a marriage in India
A marriage can generally be registered under the Hindu Marriage Act 1955, where the ceremony followed Hindu rites, or under the Special Marriage Act 1954, which is available regardless of religion and is also the route typically used for an interfaith marriage. The Special Marriage Act procedure includes a notice period before the marriage is solemnised by the marriage officer, whereas registration under the Hindu Marriage Act usually follows a ceremony that has already taken place. Choosing the right route at the outset avoids having to redo the process later when a certificate is urgently needed.
Marrying outside India
Where a marriage takes place abroad, its recognition in India can depend on how and where it was performed. The Foreign Marriage Act 1969 provides a specific route for a marriage between an Indian citizen and either another Indian citizen or a foreign national to be solemnised or registered before an Indian diplomatic or consular officer abroad. A marriage validly performed under the law of the country where it took place is also generally recognised in India as a matter of private international law, but obtaining formal Indian documentation, such as registration, still matters for practical purposes like visas and property.
What immigration authorities actually want to see
Spouse visa applications typically call for a marriage certificate, evidence the marriage is genuine and subsisting, and, depending on the destination country, additional affidavits or supporting statements. Where the marriage certificate was issued in India, it usually needs to be apostilled, under the Hague Apostille Convention where the destination country is party to it, or attested through the relevant embassy where it is not, before a foreign authority will accept it. Errors on the certificate, such as a misspelt name or an incorrect date, are far easier to correct in India before the apostille process begins than after a visa application has already been filed.
Certificates confirming you are free to marry
Before marrying abroad, or in some cases before a second marriage in India, a person may be asked for a single-status or no-impediment certificate, confirming they are not currently married. These are generally obtained through a sworn affidavit supported by local verification, and, like other documents intended for use abroad, typically need to be apostilled or attested before a foreign registrar or consulate will accept them. Arranging this well ahead of the intended marriage date avoids a last-minute scramble.
