A detailed article on “Understanding The Hindu Marriage Act Helpful for U.S. immigration” is available on www.murthy.com. In this article, we clarify the importance of religious ceremonies that make the marriage complete and legally binding under the Hindu Marriage Act, 1955.

At Murthy Immigration Services, we receive inquiries to understand if the registration of marriage under Hindu Marriage Act (hereinafter referred as ‘the Act’) alone is sufficient for making a dependent U.S. visa application. We wish to clarify that the registration of marriage alone does not constitute a valid marriage under the Act. The marriages registered under other special laws in India based on other religion or faith are not under the scope of this article.

A marriage under the Act is valid only if all the following conditions are fulfilled:

• Neither of the parties have a spouse living at the time of the marriage;
• The parties are capable of giving valid consent;
• The bridegroom is at least 21 years old and the bride is at least 18 years old; and
• The parties are not within the degrees of prohibited family relationships, unless the custom or usage of each party permits such a marriage.

In addition to the above, the religious ceremony for the wedding must include the saptapadi, which is taking of seven steps around the sacred fire and the marriage is considered complete after completion of the seventh step.

Registration under The Hindu Marriages Act, 1955, alone is not sufficient to make a dependent U.S. visa application. In the absence of these ceremonies, there have been instances where the couple were found permanently ineligible to receive any U.S. visa, because the consular officers view that the marriage certificate was obtained fraudulently if all the necessary ceremonies were not performed.

We at Murthy Immigration Services recommend applicants to ensure that any marriage under the Act strictly meets all the required conditions and that the marriage is subsequently registered under the Act. It should be noted that failure to register the marriage does not invalidate a Hindu marriage which has met all the above conditions, however, it is mandated by the Act to register a marriage. If you have any case specific questions, feel free to get in touch with one of our Attorneys at Murthy Immigration Services, India.