I am an Indian national residing in Delhi. My fiance is a Swedish national (He's a Swede, not an Indian) and resides in Stockholm. For my residence permit to Sweden, I need to register our marriage in India first before registering it in Sweden. So we are thinking of opting for a court marriage. I wanted to know what is the procedure and does he need to be present at the time of putting up the notice at the SDM's office, I also would like to know what are the documents required.
1. A marriage beytween Indian and foregn national ispossble and the same can be registered under Special Marriage Act.
2. For this the foreign national needs to stay in India for 30 days under a valid visa.
3. on the final date of registration her physical presence is required beofre the registrar with valid identity proof.
Is his physical presence required at the time of application?
Procedure:
The persons intending to register their marriage have to give notice thereof in writing in Triplicate in forms specified under second schedule under Section 5 to the marriage officer of the District in which at least one of the parties to the marriage have reside for a period of not less than 30 days immediately preceding the date on which notice is given.
After the receipt of the notice the marriage officer shall enter a true copy in the marriage notice Book and shall cause the notice to be published in the notice board of his office and also see that the notice is published in the office of the marriage Registrar in whose District the parties are permanently residing.
After the expiry of 30 days of notice the Sub-Registrar shall register the marriage after the Bridegroom and Bride sign a declaration in form specified in the Third Schedule in the presence of three witness and they should utter in the language known i(a) take the (b) I take b) to be my lawful wife.
Documents:
proof of age and address of both parties,
affidavit with regard to these as well marital status, fit mental condition, non-relationship between the parties within the degree of prohibition,
passport size photographs
three witnesses to finally solemnise the marriage
At the time of application the presence is not required, but after the expiry of 30 days she will have to mark her presence. But the difficulty will be that he will have to give an affidavit which can only be solemnized in his presence.
Forgot to mention your marriage will be governed by the provisions of Special Marriage Act.
Let me know if you need a lawyer for the same in New Delhi. In detail you can see the things at the following link:
http://delhi.gov.in/wps/wcm/connect/doit/Delhi+Govt/Community/Marriage+Certificate+and+Registration#2
Regards
No,at the time of application his presence is not required.
Hii, there are certain forms and affidavits that need to be filled and made for court marriage .. Both husband and wife along with two witnesses ( blood relatives ) are required to be present before the magistrate ..
you can marry the foreigner under provisions of SMA
2)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 your fiancee for his signature and can get married after expiry of 30 days
you can get married under provisions of Special Marriage Act in Delhi
2)30 days notice is required to be given
3) application form has to be signed by both parties
4) 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.
5) 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)
1. This is the process to be followed in India to marry a citizen of another nationality.
2. You can marry him under SMA in India. The 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 for marriage to the registrar, has to be fulfilled. For foreigners, this is evidenced by a certificate from the local police station or Copy of C Form or FRRO Registration copy accordingly.
3. You have to submit your 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 registrar's 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. All he has to do right now is to come with his original Certificates on a Tourist Visa. His personal presence before the marriage registrar is indispensable.
For registering your marriage with him yo may have to file a an intent for marriage notice to the marriage registrar under the provisions of special marriage act.
This notice has to filled up jointly, if he is not available in India, then you may get the notice signed by him fro the foreign country itself, procure it and submit it to the marriage registrar.
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.
Is his physical presence required at the time of application?
It is not necessary that his physical presence is required at the time of presenting the notice but he would be required to be present at the time submitting the application.