• Marrying a German boy working in India

We are from a Hindu sri vaishanava Iyengar Brahmin family . 
My second daughter ( step daughter- but I do not have any legal papers to justify this ) genetically born to my wife ( who is my 2nd wife ) (1st wife is no more) wants to marry a German boy working in India (Delhi-NCR).

As it is an alliance between families of two different nations, please advise us properly
1. the right steps 
2. authority to be consulted 
 3.documents required etc., to make it go smooth.
Asked 6 years ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

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9 Answers

You can marry according to Hindu rights.. But The marriage will be registered under special marriage act..the marriage will he registered before the marriage registrar of your city..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Marriage can be solemnised under provisions of SMA

2)notice of intended marriage has to be be duly signed by both parties and submitted to marriage registrar

3) on expiry of 30 days period marriage can be solemnised

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.

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 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
94691 Answers
7527 Consultations

5.0 on 5.0

What case? Kindly be more specific..the registration may take 15-20 days,asafter submitting of documents a date of this particular time is given to appear and register the marriage..where is you residence?(address proof)

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

If the marriage is registered in India then just the certificate of the marriage has to be produced in Germany, the said marriage will be registered under the provisions of the Special Marriage Act before the registrar wherein the boy will have to show his presence in India for a duration of 30 days.

You may consult a local lawyer who can get the work done for you.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Hi, you can register your daughter marriage in the Jurisdictional sub-registrar office and there is no need to the register the same in the Germany.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

Dear Querist

both the parties can solemnized their marriage as per special marriage act.

the required documents:-

1. Photo IDentity proof of both parties

2. Address proof of both parties

3. 4 passport size photographs of each parties

4. 3 witnesses who should be adult

5. NOC from the embassy of Germany

6. Affidavit of both the parties regarding intention of marriage

7. Identity & address proof of the witnesses along with the photographs

It's will take 30 days time after submitting the application for intend to marriage.

Feel Free to Call for consultation or other services

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

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. The marriage should be registered.

6. The entire process should ordinarily take around 40 days.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

As it is an alliance between families of two different nations, please advise us properly

1. the right steps

2. authority to be consulted

3.documents required etc., to make it go smooth.

Since one party to the proposed marriage is a foreigner, this marriage can be solemnised and registered under Special marriage act, 1954.

You as a father or anything do not have any role to play in this marriage except that you can sign as witness to the marriage.

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 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.

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 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)

The American citizen who wishes to participate in a civil marriage ceremony may be required to present to the marriage officer a “no objection letter” from the U.S. Embassy or Consulate, as well as proof of termination of any previous marriages. Similarly, a citizen of another foreign country may be required to present to the marriage officer a “no objection letter” from the Embassy or Consulate of his country, as well as proof of termination of any previous marriages.

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

What would be the normal time to clear the case legally before going in for marriage in India and, is the marriage registration required in both countries ( India and Germany) ?

The time taken for this is the notice period of 30 days.

After expiry of notice period, if you have all the required documents in possession, the registration of marriage will happen on the same day.

They do not have to register the marriage in their country once again, this will be a valid marriage document.

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

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