Rakhi Sawant, known for her eventful love life, recently revealed plans to tie the knot with Pakistani actor Dodi Khan, marking the beginning of a new cross-border romance. The 46-year-old actress announced the news on Instagram and later elaborated in an interview with News18 Showsha, expressing her deep love for Dodi and their intention to get married soon. However, the wedding did not take place.
Cross-border marriages, though complex, are not uncommon. A well-known example is tennis star Sania Mirza’s marriage to Pakistani cricketer Shoaib Malik. Such unions raise important legal and procedural questions, particularly concerning citizenship, visa regulations, and marital rights.
To better understand the legalities of cross-border marriages in India, we reached out to Rytim Vohra Ahuja, Senior Associate at Karanjawala & Co., who provided valuable insights on the legal framework, challenges, and processes involved in such marriages.
Legal Requirements For A Cross-Border Marriage Involving An Indian Citizen
The Foreign Marriage Act, 1969, regulates marriages between an Indian citizen and a foreign national when the wedding takes place outside India, as per Mr Ahuja. This law applies when one partner is an Indian citizen, the other is a foreigner or a non-resident Indian (NRI), and the marriage is conducted at an Indian Embassy or Consulate.
According to Section 4 of the Act, certain conditions must be met for the marriage to be legally valid:
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Neither person should have a living spouse unless their personal law allows polygamy.
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Both individuals must be of legal age (18 years for the bride and 21 years for the groom).
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Both should be of sound mind.
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The marriage should not violate Indian laws regarding close family relationships unless permitted by personal law.
Legal Process For Registering A Cross-Border Marriage In India
In India, a cross-border marriage can be registered under the Special Marriage Act, 1954. Mr Ahuja told us, “The couple must first inform the marriage registrar in the district where at least one of them has lived for a minimum of 30 days.”
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After this, there is a 30-day notice period. If no objections arise or any objections are resolved, the marriage can be officially solemnised before the registrar. Once the marriage is completed, the registrar will issue a marriage certificate to the couple.
Cross-Border Divorce Law
In today’s interconnected world, cross-border divorces are becoming increasingly common. When married couples from different countries decide to separate, they often face the challenge of navigating complex international laws, which can vary widely.
In India, the Special Marriage Act, 1954 applies to cross-border divorces if both spouses are domiciled in India when filing for divorce, or if the wife has been domiciled or resided in India for at least three years before the marriage.
A foreign divorce will only be recognised in India if it aligns with Indian legal principles and follows the principles of natural justice, as established by the Supreme Court in Y. Narasimha Rao v. Y. Venkata Lakshmi (1991 SCC (3) 451).
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