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Very unique situation- Gurudwara Marriage

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  • Very unique situation- Gurudwara Marriage

    DEar Members-

    Background:
    My girlfriend of 5 years has been married off against her wishes in Gurudwara (In India) and has all the pics of the marriage but the marriage was never registered neither in the court nor the certificate from gurudwara. She wants to call off the marriage as she doesnt want to stay with the person she married and get married to me who is a US Citizen.

    Questions:

    1. Does she still need to file for divorce (remember she doesnot have any marriage certificate - neither govt issued nor from the gurudwara)?
    2. Can i marry her in India or USA without her annulment of previous religious marriage for which she has no registration (just the pictures of marriage and reception)?
    3. Whats the best way to move forward?

    Look forward to some advise, REgards,

  • #2
    Originally posted by timesbox View Post
    DEar Members-

    Background:
    My girlfriend of 5 years has been married off against her wishes in Gurudwara (In India) and has all the pics of the marriage but the marriage was never registered neither in the court nor the certificate from gurudwara. She wants to call off the marriage as she doesnt want to stay with the person she married and get married to me who is a US Citizen.

    Questions:

    1. Does she still need to file for divorce (remember she doesnot have any marriage certificate - neither govt issued nor from the gurudwara)?
    2. Can i marry her in India or USA without her annulment of previous religious marriage for which she has no registration (just the pictures of marriage and reception)?
    3. Whats the best way to move forward?

    Look forward to some advise, REgards,
    Guys please advise. Would appreciate

    Comment


    • #3
      USCIS looks to the "place of celebration" to determine if a marriage is valid, except for those situations which violate public policy (eg polygamy)

      Your inquiry is a question of Indian law. Does India recognize this marriage? If so, then she has been married, and needs to get divorced in order to remarry

      Under the Special Marriage Act of 1954, notice of such a marriage is filed with the district marriage registrar, not with a court

      Comment

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