How a Marriage to get legal status?

933 votes

yes arya samaj marriage will suffice and then u need to make a marriage certificate in India for it to get a legal status abroad. the marriage certificate is made in the local bmc office of the spouse husband. u will need marriage proof and personal identification proof of both spouses to get a marriage certificate.

Advocate Jenal Bharat Busa LawRato

744 votes

Well, Solemnization of Arya Samaj Marriage on its own is not legal in India until the couple register such Arya Samaj Marriage before the concerned Registrar of Marriages, considering Arya Samaj Marriages doesn't have a concept of Saptapadhi, despite being Marriage as per Vedic Rituals, so as to bring the Arya Samaj Marriage in consonance with the Hindu Marriage Act, 1955 and to grant Arya Samaj Marriage legal status equivalent to Hindu Marriage as per Saptapadhi, the Supreme Court of India has made it mandatory, that, all Solemnization of Arya Samaj Marriages need to be registered before the Registrar of Marriages, any Solemnization of Arya Samaj Marriage, after which no certificate from the Registrar of Marriage is taken in respect of such Solemnization of Arya Samaj Marriage, is legally invalid and has no significance in the eyes of law. However, such Arya Samaj Marriage without registration before the concerned Registrar of Marriages is Null and Void, but such declaration of Null and Void needs to be taken from Court, as Society accepts such declaration in the form of Decree! Thus, Arya Samaj Marriage, if it has occured in India between a Hindu Foreign National/Foreign Citizen and an Indian National/Citizen without the backup of Marriage Certificate is Null & Void, despite wherever they have been living today!

Advocate Pankaj Bajaj LawRato

679 votes

Thank you for reaching out. I have understood your concern. Legal matters require careful consideration of facts and relevant laws. Providing accurate guidance depends on understanding the complete details of the issue, which is best done through a focused and professional discussion. Each case is unique and may involve aspects that need legal clarity, whether it relates to civil, criminal, property, or family matters. General discussions may not be sufficient to provide the appropriate legal direction. Hence, a proper consultation is the right way forward if you are looking for clarity and guidance based on law. If you are interested in a professional consultation, you may proceed to book an appointment. During the consultation, we can discuss your issue in detail and consider the way ahead in a structured and legally sound manner. Thank you once again for getting in touch. I look forward to helping you move forward with clarity and confidence. – Adv. Sushant Vichare Legal Consultant & Advocate

Advocate Sushant Vichare LawRato

998 votes

Under Indian law, a marriage between a foreign national (Hindu) and an Indian national (Hindu), even if solemnised abroad, can be legally recognised in India under the Hindu Marriage Act, 1955, provided both parties are Hindus by religion and meet the conditions prescribed in Section 5 of the Act. An Arya Samaj marriage, if performed in India and fulfilling all legal requirements (age, consent, etc.), is legally valid under this Act. However, for full legal recognition, especially for visa, passport, or immigration purposes, it is strongly advised to register the marriage under the Special Marriage Act, 1954 or the Hindu Marriage Act, as applicable, at the local marriage registrar. Process: Perform the Arya Samaj ceremony. Obtain the marriage certificate from Arya Samaj. Apply for marriage registration at the Sub-Divisional Magistrate’s office with required documents (IDs, photos, address proof, witness IDs). Upon verification, the registrar will issue a legal marriage certificate, valid in India and internationally. Hence, while Arya Samaj marriage is valid, registration is crucial to establish legality beyond religious grounds.

Advocate Kiran Ashok Gangurde LawRato