Frequently Asked Questions

Yes. An Indian citizen can legally marry a foreign national in India under the Special Marriage Act, 1954. This secular law allows interfaith, inter-caste, and international couples to marry without converting to each other’s religion. The couple must provide a 30-day public notice to the Marriage Registrar in the jurisdiction where at least one partner has resided for 30 days prior. The process requires stick compliance of the Act till completion of the marriage.

A marriage solemnized abroad can be registered under the Foreign Marriage Act, 1969, at the Indian Embassy or Consulate, provided at least one party is an Indian citizen. This requires submission of valid documents, a notice period, and solemnization or registration before a Marriage Officer.

Conversely, a foreign marriage can be recorded or recognized in India only if it complies with the legal requirements under Indian law, and can sometimes be registered under the Special Marriage Act, 1954, if re-solemnized or formalized in India.

To ensure international recognition, couples are advised to apostille or legalize the marriage certificate and register it with appropriate Indian or foreign authorities for documentary proof.

No. Religious personal laws (like Hindu Marriage Act, 1955 or Muslim Personal Law) apply only if both parties belong to that religion. Interfaith or international couples must marry under the Special Marriage Act, which provides a civil and religion-neutral framework.

Generally, yes—if the marriage was legally conducted and is not against public policy of the other country. However, each country has different recognition rules. For legal recognition abroad, proper documentation, apostille/legalization, and in some cases re-registration may be required.

A foreign spouse of an Indian citizen may be eligible for:

  • X-Entry Visa or Spouse Visa

OCI (Overseas Citizen of India) card after two years of marriage and registration
These allow long-term residence, visa-free travel, and access to certain rights in India.

Yes. Although not explicitly recognized under Indian law, prenups/postnups may be enforced if drafted carefully and entered into voluntarily. They are more readily enforced in jurisdictions like the U.S., UK, UAE, or EU countries. Legal advice should be taken to align them with both domestic and international enforceability.

Divorce involving Indian and foreign nationals can be initiated in either country, depending on residency, domicile, and legal jurisdiction. For mutual consent divorce, remote affidavits, online hearings, or power of attorney can help. Contested divorce requires personal appearance and legal representation in court.

Only if it meets Indian standards of natural justice, proper jurisdiction, and is not ex parte (without hearing the Indian party). The decree must be legally recognized in India under Section 13 of the Civil Procedure Code, and parties may have to file a suit for declaration of validity.

Such disputes are sensitive and governed by Indian law (primarily Guardians and Wards Act) and international treaties (like the Hague Convention, though India is not a signatory). Indian courts consider the child’s welfare paramount. Mediation is often encouraged. Enforcement of foreign custody orders may require Indian court approval.

Yes, in many cases. Regularization of visa overstays can be done through the FRRO, and undocumented marriages may be legally solemnized and registered under the Special Marriage Act if all legal criteria are met. Legal counsel can help avoid fines, blacklisting, or deportation.