If you plan to tie the knot abroad, here's how to make it legal in India

Marrying abroad doesn't automatically entitle your union to recognition under Indian law, legal experts said

- Anil Poste & Shipra Singh

More Indians than ever before are choosing destination weddings or marrying abroad because of work, residency conditions, or convenience. But are such weddings legally valid in India? The answer isn't straightforward.

Just because you've had a lavish wedding in Italy or signed papers in New York doesn't mean Indian law automatically acknowledges your union, several legal experts told Mint. Recognition depends on your personal law and the manner in which the marriage was solemnized.

Where to register the marriage The marriage of an Indian citizen in cases where the wedding took place outside India is valid back home when it is solemnized in either of these ways: in the foreign country under the Foreign Marriage Act, 1969 (FMA) or in India under the Special Marriage Act, 1954 (SMA). In simple terms, 'solemnized' means a religious or legal ceremony was conducted to make a marriage official.

An Indian citizen is likely to marry outside India under one of three circumstances—in a destination wedding, if they are marrying a non-resident Indian (NRI) or a foreign citizen in their partner's country of residence, or if they are a resident of a foreign country and wish to register the marriage there.

In all three cases, the marriage must be solemnized under the FMA or SMA for it to be legal in India. This is required irrespective of whether the couple had a traditional ceremony based on their religious customs in the foreign country, experts said.

A marriage registered abroad can be legally recognized in India, provided it is valid under the laws of the country where it was solemnized. It is valid under Indian laws. The laws governing marriages are based on personal laws and customs depending upon the religion of the parties.