• Under Special Marriage Act

Dear Sirs,
Greetings with warm wishes!!!
Am Indian Hindu boy(28yrs) from Tamilnadu Dist residing at Dubai in employment visa.i want to marry srilankan Muslim girl(19yrs) who is residing at srilanka only. I wish and only way to go under special marriage act in my native district itself.
Kindly help me to get clear about the below details..
1) What are the Documents required from her side to submit & Please clarify it have to attested by srilankan ministry of foreign affairs??
2) Since she is single/unmarried is it any requirement that we have to submit any Marriage NOC from her side?
3) Is it required that i have to be reside 30 days to my native before giving the intend of marriage notice since i am working in abroad for 2 years?
4)I know that the notice will stick in the register office board for 30 days,Any of the notice will go to her family address also?
5) She is only 19 yrs is it possible she can travel alone to India in visit visa or any immigration problem will be there in srilanka Colombo airport?
Asked 2 years ago in Family Law from United Arab Emirates
Religion: Hindu
1. Address proof, age proof and residence proof.
2.No
3.You can come to Dubai again during notice period but it is advisable that you travel after expiry of 30 days.
4.No
5.A person of that age can legally travel abroad.
Devajyoti Barman
Advocate, Kolkata
5174 Answers
54 Consultations
4.9 on 5.0
1) In case a marriage between an Indian and a foreign national is to take place in India, generally its required to file a notice of intended marriage with a Marriage Registrar .. 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.

2) 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.

If one partner is residing in a foreign country then the partner who is resident in India will have to fill out the “Marriage Notice”  collected from the Marriage Registration Office of his/her choice in India and send it to his/her partner in the foreign country who will also have to fill it out. This “Notice” should then be sent back to the partner in India who will have to re-submit it at the Marriage Registration Office. 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.

3) The following documents are required for both the partners:

a valid Passport
original Birth Certificate showing parents' names
documentary evidence regarding stay in India of the parties for more than 30 days (ration card or report from the concerned SHO)

4) you would need no objection letter from srilanka embassy or consulate 

5)notice will not be sent to your fiancee address 

6)she can travel to india alone
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
1. An Indian national can marry a foreign national in India Under Special Marriage Act.

2. There is a 30 day residency requirement under the law, which means that 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 or Copy of C Form or FRRO Registration copy accordingly.  
 
3. You will need to submit your intention to get married to the registry office, 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.

4. If no objections to the marriage are received within 30 days of the application, a civil ceremony at the registry 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.

5. All she 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. Notice will not be sent to her Sri Lankan address.

6. From September 2012, the Ministry of Home Affairs (MHA) is no longer accepting direct applications for Tourist visa extension and conversion. Instead, she will need to apply at her local FRRO/FRO, which will make a recommendation and forward it to the MHA in Delhi for approval if the matter is outside its delegated powers. 

7. Appointments can be made online, up to 30 days in advance, using the Online VISA Appointment Scheduling System. The documents that she'll require are: copy of passport and visa page, copy of passport of Indian spouse (or other documents that prove that he/she is Indian), copy of registered marriage certificate, and proof of residence. She'll also need passport sized photos.
 
8. The Next Step is Registration and Police Verification
 
9. The letter from the MHA will instruct the FRRO/FRO to grant a three month Tourist Visa extension to her and conduct an investigation as to whether you're actually married and living together at your stated address.
 
10. Once the police report is received, the FRRO/FRO will send all the documents to the MHA in Delhi for review and a decision to be made as to whether or not your X Visa will be granted.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1. If you want to marry in India under special marriage act, then you two shall have to give a 30 days notice to the marriage registrar,

2. Since one of you stays in some other country, you should fill up your part of the said notice and send it to your prospective wife to fill up the rest and send it to you for submitting before the marriage registrar,

3. No NOC is require in this regard,

4.Yes, copies of the said notice will be sent to the given addresses of the applicants,

5. At least one of you shall have to be physically present while submitting the said notice,

6. Most likely no but  she has to ascertain this part of the query from Srilankan Advovates.
Krishna Kishore Ganguly
Advocate, Kolkata
12055 Answers
228 Consultations
5.0 on 5.0
Dear Querist

For solemnization of marriage, presence of both parties is required after submission of documents of issuance of notice of intended marriage. A copy of the notice is pasted on the office notice board by the ADM. Any person may within 30 days of issue of notice , file objection to the intended marriages. In such a case, the SDM shall not solemnize the marriage until he has decided the objection, within 30 days of its receipt. If the ADM refuses to solemnize the marriage, any of the parties may file an appeal within 30 days to the District Court. In case no objection is received, the ADM solemnizes the marriage after 30 days of the notice. Both parties along with 3 witnesses are required to be present on the date of solemnization of marriage. It is advisable to submit names of witnesses at least one day in advance.

Requirements:
1. Hindu/Special marriage Application form duly signed by both husband and wife.
 2. Hindu/Special marriage Documentary evidence of date of birth of parties (Matriculation Certificate / Passport / Birth Certificate) Minimum age of both parties is 21 years at the time of registration under the Special Marriage Act.
 3.Residential proof of husband and wife .
 4.In case of Special Marriage Act, documentary evidence regarding stay in India of the parties for more than 30 days (ration card or report from the concerned SHO). 
5. Marriage Affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality. 
6.Two Hindu/Special marriage passport size photographs of both the parties and one marriage photograph. 7.Marriage invitation Hindu marriage card, if available. 
8. Hindu marriage If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage. 
9.Rs. 10/- in case of Hindu Marriage Act and Rs.15/- in case of Special Marriage Act to be deposited with the cashier of District and the receipt should be attached with the application form.
 10.Affirmation that the parties are not related to each other within the prohibited degree of relationship as per Hindu Marriage Act or Special Marriage Act as the case may be. For details of such relationships Click here. 11.Attested copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower. 
12.In case one of the parties belong to other than Hindu, Budhist, Jain and Sikh religions, a conversion certificate from the priest who solemnized the marriage(in case of Hindu Marriage Act).
 13. In case one of the parties is a foreign national, no objection certificate/marital Status certificate from the concerned embassy.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
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