Advocate Vinayak Kumar Dwivedi

Questions Answered by Advocate Vinayak Kumar Dwivedi (25+ answers)

Q: Marriage between Indian citizen and foreign citizen

I want to get married to a foreign citizen in India, so that we can continue living in India. What is the best way to get married legally? Court marriage under Special Marriage Act, as part of which we make an application for registration, wait 30 days until solemnization, and acquire a marriage certificate once the period of solemnization is complete? Or, getting married through Arya Samaj customs, acquiring a marriage certificate, and then getting registered with the Marriage Registrar?

Advocate Vinayak Kumar Dwivedi answered
If you want to marry a foreign citizen and continue living in India, the most legally secure and widely accepted method is marriage under the Special Marriage Act, 1954.Under this law, both parties give a notice of intended marriage to the Marriage Officer of the district where at least one of you has resided for 30 days. The notice is displayed for 30 days to allow objections. If no valid objection is received, the marriage is solemnized before the Marriage Officer in the presence of three witnesses, and a Marriage Certificate is issued immediately, which is strong legal proof of marriage. This certificate is generally accepted for visa, immigration, and legal purposes.The Arya Samaj marriage route is quicker because the ceremony can be performed immediately according to Hindu rituals, and you receive a certificate from the Arya Samaj temple. However, this certificate usually must still be registered with the Marriage Registrar to have full legal validity. Additionally, Arya Samaj marriages are generally applicable only if both parties are Hindus, Buddhists, Jains, or Sikhs.Therefore, when one spouse is a foreign national, authorities and embassies usually prefer a marriage registered directly under the Special Marriage Act, as it provides clearer legal recognition and fewer complications for residency, visa, and official documentation.For long-term legal security and immigration purposes in India, court marriage under the Special Marriage Act is usually the safest option.

Q: Non-Payment of Outstanding Dues by Client- Need Support

One of our clients has failed to clear their dues despite multiple face-to-face meetings and assurances. Although the client issued a cheque to settle the outstanding amount, the cheque has bounced on three occasions.We are currently facing significant difficulties in obtaining payment. Kindly advise on the appropriate course of action we should pursue to resolve this matter.

Advocate Vinayak Kumar Dwivedi answered
You may proceed with legal action for cheque dishonour. When a cheque is returned unpaid, the payee has the right to initiate proceedings under Section 138 of the Negotiable Instruments Act, 1881. First, ensure that a legal demand notice is sent to the drawer within 30 days from the date of receiving the bank return memo. The drawer must make payment within 15 days from the date of receiving the notice.If the payment is still not made within this period, you can file a criminal complaint before the jurisdictional Magistrate Court within 30 days after the expiry of the notice period. The offence may result in imprisonment up to two years or a fine up to twice the cheque amount, or both.In addition to this, depending on the circumstances, you may also consider filing a civil recovery suit for recovery of the outstanding dues. Ensure you keep all relevant documents such as the cheque, bank return memo, copy of legal notice, and proof of delivery, as these will be essential for initiating proceedings.