• Registration of marriage between foreigner and Indian citizen

What is the act under which a marriage between a foreigner and an indian be registered under and what are the steps that need to be followed?

If it is registered under a different act and of the proper procedure has not been followed, is the marriage document/ marriage considered valid?
Asked 7 years ago in Family Law
Religion: Buddhist

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4 Answers

If marriage has been solemnised abroad it can be registered under provisions of foreign marriage act before the Indian embassy or consulate

2) if marriage is silemnised in India it can be registered under provisions of special marriage act

3) 30 days notice of intended marriage has to be given

4) application form has to be filled in by both parties

5) under special marriage act 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)

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

A marriage between an Indian and a foreigner can be solemnised and registered either under Foreign marriages act or The Special marriages act.

Such marriages cannot be registered under any other act and if they are done by any fraudulent method by bribing the staff of the marriage registrar, then when it comes to light, it may be considered as invalid.

The steps to be followed for registering the marriage is a lengthy list of formalities:

A marriage with a foreigner has to solemnized under the Special Marriage Act of 1954. First the Intent to marry form to be submitted is to be filled up jointly. For this, age proof, (Passport, Birth Certificate) address proof ( Passport, Ration Card, Voters Identity card) and Martial status are required to be submitted. 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 than English, a translated copy duly attested by the respective consulate/embassy is to be produced.. Passport size photographs are also to be pasted on this notice. All the documents are to be photocopied at the time of submission, photocopies have to be notarized. A nominal sum as fees is to be paid for which a receipt is given.

Then after two weeks visit the Marriage Registrar's office for the actual date of marriage. At this time have all your original documents ready so that the Marriage Registrar himself can verify. After verification of the documents the registrar will give a date for the marriage. The date of marriage will be stamped on the back of the receipt. You can choose your date of marriage minimum one month from the date of submission of the form to maximum three months.

For the marriage three witnesses are to be present. All witness should have their passport size photographs ( 3 copies) along with proof of residence. The marriage will be solemnized in front of the marriage registrar where in the husband and wife has to take the oath. The marriage certificate will be issued only after 15 days. The marriage certificate will have photographs of the couple and also the photographs of the witness.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

1. The foreigner should marry the Indian in India as per special marriage act.

2. One month's notice shall have to be issued by the Indian partner for the said marriage.

3. The said foreigner can claim Citizenship of India after completing 7 years of marriage and stay in India.

4. If any marriage has been registered without following proper procedure, then it will be considered as invalid if challenged before a court of law.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Dear Querist

if any India is willing to marry with any foreigner out side the India then marriage Consulate appointed by the Indian Govt. in the country where the parties are willing to solemnized their marriage.

Identity proof and address proof, passport size photographs along with witnesses will be required at the time of filing application and solemnization of marriage.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

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