• Marrying a foreign national

I'm an Indian  and my fiancee is an Armenian national. We plan on getting married early 2017.

Our situation:
- I'm a musician and my fiancee is a software engineer in Armenia
- We want to register our marriage in India.
- We have a busy travel/work schedule and due to which its not possible for us to stay in one place for long.
- My Residential/Permanent address is of Singrauli-Madhya Pradesh

My questions: 

1. What would be the procedure to marry a foreign national in India?

2. I've read in forums that we would need to stay in India for a month or more during the marriage registration process. Is this required?
Would it it be possible that we file for marriage registration and resume our travel/work and then come back to India after a month to receive the marriage certificate and continue further legal procedure?

3. Do I need to file the marriage registration process in my home state capital - 'Bhopal'? or can it be done from any city in India?

4. What would be the cost of the total registration process?

5. What would be the cost of hiring a lawyer to take care of this?
Asked 7 years ago in Family Law
Religion: Christian

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5 Answers

1)In case a marriage between an Indian and a foreign national is to be registered in india , generally its required to file a notice of intended marriage with a Marriage Registrar in Bhopal . That notice is required to be published for the stipulated 30 days. At the end of the 30 days the Marriage Registrar is free to perform the marriage.

The notice of intended marriage can only be given in India, if at least one partner is permanently and the other partner temporarily resident in India.

After the stipulated waiting period of 30 days the marriage can take place in India. Under the Special Marriage Act, 1954 a certificate showing the signatures of the persons married, the registrar and the witnesses will be issued. This Certificate is required as proof of the marriage and when applying for a visa to for a foreign country.

The following documents are required for both the partners:

a valid Passport

original Birth Certificate showing parents' names

if the person concerned is widowed, the original death certificate of the deceased spouse

If divorced, copy of the final decree

documentary evidence regarding stay in India of the parties for more than 30 days (ration card or report from the concerned SHO)

2) marriage registration process cannot be done from any city in india . if your permanent address is from bhopal follow the process from bhopal

3) legal fees vary depending upon lawyer engaged by you

4) registration process costs would be nominal

Ajay Sethi
Advocate, Mumbai
95217 Answers
7612 Consultations

5.0 on 5.0

1. You can register the marriage in your native place in India under special marriage act . Alternatively you can register the marriage in Armenia under foreign marriage registration act.

2. You need not stay for one month. You can come,sign and then go away. Then you have to come again after one month.

3. It has to be done from home town only.

4. It varies but should be complete within 5k.

5. Contact someone from Bhopal.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

The Legal Requirements for Getting Married in India are as follows:

1) The couple should be prepared to stay in India for 60 days its a lengthy process.

2) Civil weddings in India are governed by the provisions of The Special Marriage Act and this may come under the provisions of Special marriage act or Foreign marriage act.

3) Either the bride or the groom has to be living in India for at least 30 days prior to applying to the local registry office to get married. For foreigners, this is evidenced by a certificate from the local police station.

4) (a)You’ll need to submit your intention to get married to the registry office

(b) along with the residence certificate

(c) certified copies of passports

(d) birth certificates

(e) two passport sized photographs each

(5) Evidence of eligibility to be married - - Which means that - Anyone who hasn’t been married should obtain in case of:-

(a) For US - single status affidavit

(b) For UK - a Certificate of No Impediment

(c) For Australian - Certificate of No Record

Note* If you’re divorced, you’ll need to produce the Decree Absolute, or if you’re widowed, a copy of the death certificate.

There is a 30 days cooling period after the forms are filled and submitted to the registrars office. If there is no objection during this period, the marriage can take place.

(6) Witness: Three witness are required who have to provide passport sized photographs, as well as identification and proof of address.

(7) The marriage certificate is usually issued a couple of weeks after the wedding

For your 2nd question:

Either the bride or the groom has to be living in India for at least 30 days prior to applying to the local registry office to get married. For foreigners, this is evidenced by a certificate from the local police station.

Thus it is mandatory that 30 days period is to be observed.

for 3rd question:

The proof of identity and proof of residence is to be give for local registration hence it may not be possible to register it from anywhere.

4. The registration and the other expenses depends on the prevailing circumstance

5. The lawyer to be engage wold inform the fee for this purpose.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

Dear Sir..

According to your words.. the marriage registration is the simple process .. both of you can collect all your identity cards.. proof.. and submit in the registrar court...in special marriage act ...both of you can register yourself.. right now you stay in the city...you can perform your marriage ... the fees structure is depend on the lawyer...you have to also inform to the armenia embassy ...regarding your marriage

Best Regards

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

1. Both of you may marry under Special Marriage Act. A 30 day residency requirement has to be met, which means that either the bride or the groom has to be living in India for at least 30 days prior to applying for marriage. For foreigners, this is evidenced by a certificate from the local police station or Copy of C Form or FRRO Registration copy accordingly.

2. You will have to submit your intention to get married to the registrar along with the residence certificate (i.e. proof of residence), certified copies of passports and birth certificates, and two passport sized photographs and few affidavits each.

3. If no objections to the marriage are received within 30 days of the application, a civil ceremony at the registrar's office can then take place. Three witnesses are required, who have to provide passport sized photographs, as well as identification and proof of address. The marriage certificate is usually issued a couple of weeks after the wedding.

4. All your fiancee has to do right now is to come with her original Certificates on a Tourist Visa and post registration of Marriage convert it into "X" Visa.

5. The fee structure of lawyers is not uniform, so inquire this from the lawyer whom you intend to engage.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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