Tips for Marrying an Indian Citizen Girl
Most NRIs or Non Indian Citizens need to be aware of Indian laws before marrying a indian girl who is an Indian citizen either in India or In your home country. Most people get in to trouble with out being properly aware of Indian laws.
- In India there is no Uniform Civil Code i.e law differs based on religion, state, gender etc. In India each religion has its own laws.
for Eg Hindu marriage act for Hindus , Christian marriage Act for Christians & The Muslim Personal Law (Shariat) Application Act for Muslims
and Special Marriage Act for Civil marriages or Inter religious marriages. Two Non Hindus getting married Under Hindu marriage act is Illegal.
So the future rights of you reg Property inheritance or Separation,Child custody or divorce depend up on the law that you get married under.
Most importent of all try to be aware of the law Indian penal Code 498a, in Short IPC 498a.
Goa is the only state in India having Uniform Civil Code
- United States state Department's travel advisory in its warning says many American citizens or American Indians getting arrested after marrying to Indian wife.
- India is not a signatory of Hague convention on private international law so any dispute between foreign citizen and Indian citizen is
always dealt as per India Law unlike western countries. For eg Marriage disputes , Property disputes, Child custody etc. In India marriage
related complaints are not civil in nature they are considered as criminal in nature and you will be arrested with out bail and with out
- India is also not a signatory of Hague convention on international child abduction. So if a women takes away the kids with out the consent of the husband (kid's father) nothing can be done."
- Even if a person who is non Indian citizen or NRI marries a girl who is Indian citizen in USA or in his own country as per his countries law,
Still the Indian woman just can get the USA Civil Marriage or marriage certified herself from the Indian Consulate because for getting the foreign
marriage certificate further certified by Indian authorities in the foreign country there is no need for both parties( Husband & wife) to apply, one
of them( wife) can get done any time.
This certification will cover the US civil marriage or marriage under the Foreign Marriage Act,1969 that will give jurisdiction to Indian courts to adjudicate dispute/matter relating to foreign marriage, even if there is an agreement contrary to this effect the Indian citizen can always seek the constitutional right enforced through Indian judiciary in India.
- Prenuptial agreement or post nuptial agreement of Illegal in India.
- In India laws which were enacted in past to protect the women are nowadays getting misused. Go through below documents reg various Indian laws before getting married