• Marriage with a Filipino national

I am an Indian National (Hindu) from Kolkata, West Bengal. Currently employed in Manila, Philippines. I want to marry a Filipino National (Catholic Girl) from Manila. I want my marriage to be registered in India. Please guide on the procedure for Registration of Marriage in regards to the following:
1. Which Marriage Act will be applicable?
2. What are the documents required to apply for the Registration of marriage?
3. How much time it will take?
4. Are there different type of Marriage Registrars to register marriage with a Foreigner?
5. Once the Marriage Certificate is obtained in India, will it be acceptable in Philippines?
6. What will be the cost of Marriage Registration in India? Are there any additional cost of marrying a Filipino National?
Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

1) you can get married under provisions of special marriage act as you both profess different religions

2) parties have to file a Notice of Intended Marriage in the specified form to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given.

After the expiration of thirty days from the date on which notice of an intended marriage has been published, the marriage may be solemnized, unless it has been objected to by any person.

The marriage may be solemnized at the specified Marriage Office.

3) following documents are required for both the partners for register the marriage

1. A valid Passport

2. original Birth Certificate showing parents' names

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

4. If divorced, copy of the final decree

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

4) it should not take more than a month

5) marriage certificate issued would be valid in Philippines

6) costs would not exceed Rs 20000

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

You can get married to her under the provisions of special marriages act.

A marriage between parties one of whom at least is a citizen of India

may be solemnized under this Act by or before a Marriage Officer in a

foreign country, if, at the time of the marriage, the following

conditions are fulfilled, namely:--

(a) neither party has a spouse living,

(b) neither party is an idiot or a lunatic,

(c) the bridegroom has completed the age of twenty-one

years and the bride the age of eighteen years at the time of

the marriage, and

(d) the parties are not within the degrees of prohibited

relationship:

Provided that where the personal law or a custom governing

at least one of the parties permits of a marriage between

them, such marriage may be solemnized, notwithstanding that

they are within the degrees of prohibited relationship.

When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form, in which at least one of the

parties to the marriage has resided for a period of not less than

thirty days immediately preceding the date on which such notice.

-If no objection is made within the period specified to an

intended marriage, then, on the expiry of that period, the marriage may be solemnized.

Before the marriage is solemnized, the parties and three witnesses shall, in the presence of the Marriage Officer, sign a declaration in the form specified.

Whenever a marriage is solemnized under this Act, the Marriage Officer shall enter a certificate thereof in the form specified .

Validity of foreign marriages in India.-Subject to the other

provisions contained in this Act, a marriage solemnized in the manner provided in this Act shall be good and valid in law.

You make sure that your fiancee is visiting the country on a tourist visa for this purpose.

You are required to carry your age proof, (Passport, Birth Certificate) your address proof ( Passport, Ration Card, Voters Identity card) and Martial status. If any one of the spouse is divorced then the divorce decree along with the judgement copy has to be submitted. If the divorce decree is in any other language other then English get it translated and attested by your consulate/embassy. Passport size photographs are also to be pasted on this notice.

The cost will depend on the person who you would engage for this service.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Registration of marriage is a mode of proof of marriage. On adducing the registration certificate of marriage, it may be presumed by the law that marriage is deemed to has taken place.. In case a marriage between an Indian and a foreign national is to take place in India, the marriage r has to solemnize under the Special Marriage Act of 1954.Generally it is required to file a notice of intended marriage with a Marriage Registrar of your choice in India. 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.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.

If the marriage was registered in India : -

The requirement for this will be your age proof, (Passport, Birth Certificate) your address proof (Passport, Ration Card, Voters Identity card) and Martial status. The best for you both to give one notice for marriage under the Act of 1954 to the Marriage Officer of the District where you permanently reside in India, after one month notice period marry her in presence of 3 witnesses by the Marriage Officer, get Valid Marriage Certificate from the Marriage Officer.

Additional documents to be presented to the Indian authorities are usually:

• your valid Passport

• original Birth Certificate showing both your parents' names

• if a fiancé is widowed, the original death certificate of the deceased spouse

• if divorced, copy of the final divorce decree.

You can also do the marriage registration under the The Foreign Marriage Act, 1969 through diplomatic or consular officers (an ambassador, envoy, minister, high commissioner, commissioner, charge d’ affaires or other diplomatic representative or a counselor or secretary of an embassy, legation or high commission.) as it may think fit to be Marriage Officers for any foreign country.

The requirement for this will be your age proof, (Passport, Birth Certificate) your address proof (Passport, Ration Card, Voters Identity card) and Martial status. The best for you both to give one notice for marriage under the Act of 1954 to the Marriage Officer of the District where you permanently reside in India, after one month notice period marry her in presence of 3 witnesses by the Marriage Officer, get Valid Marriage Certificate from the Marriage Officer.

Ajay N S
Advocate, Ernakulam
4080 Answers
111 Consultations

5.0 on 5.0

Hello,

1) You can get your marriage registered under the special marriage act as both of you profess different religion and nationality.

2) the parties are required to serve the notice of marriage to the registrar marriages of the district where the husband is residing, documents- ID proof, marriage proof, passport, visa, evidence with regards to stay in India.

3) it will take around 30-45 days

4) No

5) yes the marriage certificate you obtain here will be valid in Philippines.

6) costs - Rs 15000 (approx)

regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

1. You can register the marriage under Special Marriage Act for which you would have to come to India and register the marriage here in Kolkata.

2. In Manila also you can register the marriage through the office of Indian Consulate under Foreign Marriage Registration Act.

3. Yes the same is valid anywhere in the world.

4. For costs you may write me privately. I do handle this kind of things.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Dear Querist

My opinion on your queries are as under:

1. Which Marriage Act will be applicable?

Opinion: If she is not Hindu, Botha, Jain, & Sikh, then special Marriage act will be apply.

2. What are the documents required to apply for the Registration of marriage?

Opinion: Identity Proof, address proof and the date of birth proof of the parties, three to four passport size photographs, three witnesses.

3. How much time it will take?

Opinion: 30 days from the date of submission of marriage application form.

4. Are there different type of Marriage Registrars to register marriage with a Foreigner?

Opinion: No. the same will be handle.

5. Once the Marriage Certificate is obtained in India, will it be acceptable in Philippines?

Opinion: 100%

6. What will be the cost of Marriage Registration in India? Are there any additional cost of marrying a Filipino National?

Opinion: Cost depend on the registrar office of area and the lawyer fee, if go through lawyer and there is no additional cost for another nations citizens.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. If you want the marriage to be registered in India then the marriage has to be solemnized/performed in India. You can register your marriage before the Indian Embassy in Philippines under Foreign Marriage Act.

2. A marriage which is solemnized/performed outside India between two persons when both are not Indian citizens cannot be registered in India.

3. You and the girl you desire to marry can come to India and marry before the Registrar of Marriage under the Special Marriage Act. 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.

4. There is a 30 day residency requirement, 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.

5. You have to apply to the jurisdictional registrar's 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.

6. If no objections to the marriage are received within 30 days of the application, the marriage ceremony before the registrar can be conducted. 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.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. You can marry under Special Marriage act, in India

2. You should have your ID card specifying your address at Kolkata like Voter ID card, PAN Card, Passport etc.

3. You shall have to apply before the marriage registrar first giving one month's notice for your marriage.

4. You can marry as per the said Act before the Marriage registrar and there is no special type of Marriage Registrar for marriage of foreigners.

5. Yes, the certificate issued by the Marriage Registrar in India should be accepted by all other countries siine you can not keep on marrying or registering your marriage in every country you stay hereafter.

6. It will not be much. May be around Rs.30/40K. There will be no additional cost for marrying a foreigner.

7. It is to be noted that she shall have to stay in India for at least for 7 years after her marriage with you to be eligible to get the citizenship of India.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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