Hello,

1. Yes it is possible

2. It will be convenient for you to get the registration done in B'lore than in Kolkatta, because the procedure is more convenient in Kolkatta.

3-5: for your perusal and convenience I request you to go through the following website: https://www.karnataka.com/govt/how-to-obtain-a-marriage-certificate-in-karnataka/

The above website will give you details about all the procedure and documents.

Regards

1. You can register marriage under Special Marriage Act.However from date of application to date of registration it requires one month time.

2. Yes, if you use their address.

3.No not necessary.

4. No it is no restraint on marriage.

5.Yes it is alright.

if you wish my assistance to register marriage in Kolkata feel free to contact me at [deleted].

A marriage in India is required to be registered under Indian marriage law. In case a marriage between an Indian and a foreign national is to take place in India, the marriage 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.

The notice can be filed in Bangalore where he is residing .

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.

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.

Procedure for registration.-

Parties who intend to get married under the Special marriage Act shall give a notice in writing in the specified form to the Marriage Officer 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. Upon receipt of an application signed by both the parties to the marriage for the registration, the Marriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objection and after hearing any objection received within that period, shall, if satisfied that all the conditions are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the prescribed form and such certificate shall be signed by the parties to the marriage and by three witnesses.

1) you can get married under provisions of Special Marriage Act in Bangalore

2) you cannot register marriage in Kolkata if you dont have residence proof of Kolkata

3)30 days notice is required to be given

4) application form has to be signed by both parties

5) 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.

6) 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)

7) all witnesses can be from your side

you are foreign national . hence advised you to get married under provisions of SMA . marriage between foreign national and Indian citizen has to be done under provisions of SMA

2)30 days period would be before your marriage

For registration under Hindu marriage act you will have to perform marriage as per Hindu rites and customs in India a first and then register the marriage provided both of you profess Hinduism.

I already told you the procedure, there is no need for you to registered under the Special Marriage Act, if you can show India as your domicile. You may go through the following article:

http://indiatoday.intoday.in/story/india-domicile-proof-must-for-hindu-marriage-act-to-apply/1/298045.html

And therefore previous answer as provided me holds good and that happens to be the easiest way in which you may get your marriage registered.

Regards

A cardinal principle of a personal law is that a person carries the law with him wherever he may be.

For any meaningful discussion on NRI marriages, it is imperative to first know the legal position of citizenship and status of domicile of NRI and Indian spouses. The Indian Constitution does not permit dual citizenship or dual nationality except for minors where the second nationality was involuntarily acquired. Over-seas Citizenship of India is not a full-fledged citizenship of India. Acquisition of citizenship of another country by a citizen of India results in the termination of his Indian Citizenship. Citizenship denotes the relation between a person and the state law while domicile denotes the residence of the person. Domicile in India is considered an essential requirement for acquiring the status of Indian Citizenship. Domicile is the legal relationship between an individual and a territory with a distinctive legal system, which invokes that system as his personal law.

Hindu Marriage is essentially a monogamous marriage and the marital bond cannot be broken without Court intervention. NRI marriages are heterogeneous & problematic group, involving sensitive and intricate issues of law as well as facts. Here the issue of validity of marriage assumes great significance.

Indians settled abroad, having acquired foreign citizenship, get married either to Indian spouses who are themselves citizens of that country or to foreign spouses. They are, thus, governed by the local civil marriage laws and generally do not pose any legal problems for Indian Courts. The law under which the parties have married will determine the law that will be applicable to the couple. It will also affect their children in respect of rights relating to inheritance and succession, as also the couple’s right to adopt, to be guardians or to obtain custody of children. Each of the laws specifies persons who can marry under the provision of that law.

On the question of marriage between two Hindus, one being not of Indian domicile, Kerala High Court30 has held that Section 1(2), Hindu Marriage Act, 1955 specifically makes it clear that the Act extends to the whole of India except the State of Jammu and Kashmir and also that it applies to Hindus domiciled in the territories to which this Act extends, who are outside the said territories. Therefore, the Act will apply to a Hindu outside the territory of India, only if he is a Hindu domiciled in the territory of India. Therefore, only those Hindus having permanent residence in India will be covered by the Hindu Marriage Act, 1955.

The Special Marriage Act, 1954 is in reality an Indian Marriage Act, which applies to all Indians irrespective of caste, creed or religion. The Special Marriage Act, 1954 is a secular Act where religion or caste of the spouses is legally not relevant, as Section 4 has used the words “any two persons”. This even excludes the need of wedding persons to be Indian Citizens, so I suggested the marriage under Special Marriage Act, 1954.

1. For registering the marriage as per Hindu Marriage Act, you shall have to give one month's notice to the marriage registrar and one of you shall have to continue to stay in India for that notice period.

2. On the scheduled day of the marriage which is fixed after one month of the date of the notice, you can arrive fromn USA and sign the register kept by the Registrar recording your marriage.

3. You can get your marriage registered by coming to India with tourist Visa.

1. You, both being Hindu, can marry as per Hindu Marriage Act also after giving 3 days notice.

2. You can marry in the temple and collect the temple certificate but get your marriage registered before the Registrar as advise in my earlier post.

3. Both of you are not required to stay in India for a continuous period of more than 30 days. One of you i.e. your would be wife, can stay in India for continuously more than 30 days and complete the formalities for issuing notice.

4. The calculation of period of stay in India is before the marriage and no where connected with any of your total stay or intermittent stay.

1. Is it at all possible in any way for us to get registered by the end of this month? What is the quickest possible way to get the registration done?. (I can wait for the certificate to arrive by mail if necessary but want to finish all formalities which require my physical presence within a span of 1-2 weeks and return to USA).

If you're a foreigner who's dreamed of getting married in India, you may be disappointed to know that it's a lengthy and time consuming process to do it legally. You should be prepared to spend around 60 days in India. Here are the basic legal requirements for getting married in India.

In India, civil weddings are governed by the provisions of The Special Marriage Act (1954). Under the Act, there’s 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.

You’ll need to submit your In addition, evidence of eligibility to be married is usually required. Anyone who hasn’t been married should obtain a single status affidavit (in the US), a Certificate of No Impediment (in the UK), or Certificate of No Record (in Australia). If you’re divorced, you’ll need to produce the Decree Absolute, or if you’re widowed, a copy of the death certificate.

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.

2. I am a foreigner and he is a resident of Bangalore. Neither of us are residents of Kolkata. Can we register in Kolkata where my parents currently live? (His parents are in Bangalore and will not attend).

Yes you can get it registered in Kolkata also provided you have proof to prove that you are resident of Kolkata.

3. Are there any additional documents I will need to bring/provide because of being foreign born?

Yes, you can see for them in the above question.

4. I will be travelling to India on an e-tourist visa. Is that going to cause any restrictions for marriage registration?

You can come on tourist visa only.

5. Is it okay if all the witnesses are from my side?

Yes, there would not be any problem for that.

1) Many of you have mentioned Special Marriage Act which has a 30 day notice period. Would I not be eligible for Hindu Marriage Act? Both my parents are Hindus residing in India. We were hoping to marry in a temple, and use the temple certificate to apply for marriage certificate, that way there is no long wait period. Is that not allowed because I was born outside India?

Even though you are born to Indian parents, since you are a foreign citizen, registration of your marriage can be done only under the provisions of Special marriage act only.

You can get your marriage solemnised under Hindu laws but that cannot entitle you to register the marriage under Hindu marriage act.