Dear Sir Thanks for creating such nice platform for legal advise. My Peruvian girlfriend and i are planning to marry in November 2017. It would be civil marriage. I want to know if she needs to be here while giving notice to the court or i can do it alone and she can come when that 30 days period is over. I know that notice need her sign so i can send her form to Peru and she can sign and send to me. Can it be done? And how much will it cost to marry under Special Marriage Act. Kindly advise.
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Notice for intended marriage has to be signed by both the parties for marriage solemnised under provisions of SMA
2) you can send the form to her for her signature and can get married after expiry of 30 days
3) fees would be nominal but in case you engage any agent to fulfill the formalities you have to pay his charges
Do i need to submit some papers while giving notice? And will they ask for her when i go to give notice?
Illustrative of enclosures required with the application form signed by the husband & wife.
1. Fee of Rs. 150/- to be deposited with Marriage Clerk in R. No. 10 i.e. Pr. Br. Of ADM(ND) and the receipt is to be appended with form.
2. Documentary evidence of name, parentage and date of birth of both the parties (Copy of Matriculation Certificate/Birth Certificate/Passport/Ration Card).
3. Copy of bonafide Residential proof H. Tax Receipt, allotment letter with possession letter, conveyance deed & rent deed.(Ration card not acceptable).
4. Separate affidavits on Rs. 10/- Non-Judicial Stamp Papers from both husband and wife (format of affidavit given hereunder) duly attested by Notary Public/Oath Commissioner.
5. Passport size photographs of both parties (2 copies each) dully attested by a Gazetted Officer.
6. Attested copy of divorce/degree/order in case of a divorcee; and death certificate of spouse in case of widow/widower.
7. In case of foreign national, certificates from the concerned Embassy regarding his/her present marital status.
8. In case of parties belonging to other than Hindu, Buddhist, Jain and Sikh religions, a conversion certificate from the priest who solemnized the marriage.
1. For performing marriage you need to register the marriage with her under Special Marriage Act.
2. It requires her stay for 30 days in India.
3. Thereafter you can perform ritualistic marriage as per Hindu rites and customs also.
4. Before the marriage registrar you require to submit respective address proof and age proof.
5. So act accordingly.
If you go and do the things on your own then just the government fees will have to be paid, however if you engage a lawyer then you will have to bear the professional fee.
She will have to be present before the registrar when the application for marriage is presented, at the time of said application you will have to show that she has been living in India since last 30 days and thereafter on expiry of one month you will have to again appear before the registrar alongwith your wife.
Regards
Dear Querist
first of all you have to submit the application for intend to marriage before the concerned authority/marriage registrar along with all the details/identity and address proof of parties photographs and affidavits. then the concerned authority/marriage registrar will fixed the date for solemnization of marriage after 30 days from the application.
three witnesses will be required with identity and address proof along with photographs.
NOC from Embassy of Peru is mandatory for this marriage.
The cost is depend on the lawyer
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1. They can marry under SMA.
2. A 30 day residency requirement has to be fulfilled, which means that either the bride or the groom has to be living in India for at least 30 days prior to applying to marriage registrar 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. They have to submit their intention to get married to the marriage 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.
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. She has to be personally present in the office of marriage registrar while filing up the form.
The notice of intent should be signed by both the parties to the marriage.
You can get the form/notice signed by her from her place also and she can come fo the marriage registration at the nearby time also.
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 specified in the Second Schedule 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.
There is no cost involved in this except for the normal fee to be paid for registration of marrige in the office of the marriage registrar.
Do i need to submit some papers while giving notice?
And will they ask for her when i go to give notice?
When a marriage is intended to be solemnized under this Act, the parties of the marriage shall give notice thereof in writing in the Form specified in the Second Schedule to the Marriage Officer of the district.