• Court marriage - notice of intent 2017 rules

I'm from Canada and plan on marrying my fiancé in November of this year. Do I have to be present for the notice of intent? It has become very stressful for us because of mixed answers and reviews on this topic. I am unable to come to Bangalore and stay for a month due to family health problems back her ( people I need to take care of) is there any way my finance can go to there register office get the forms sign her portion and fax to me to sign mine and return back to her? Then In 30 days as the cooling period ends I come to India ( Bangalore) and sign the other documents with my witnesses and all is done. Please help me reach my goal and I'd like the full truth in your answer I need to know if this is possible. Thanks!
Asked 8 years ago in Family Law
Religion: Christian

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

8 Answers

1. You can fill up the application form from canada and send it by post to india.For this you need not remain present in india.

2.only after 30 days at the time of marriage registration your physical presence is required.

3.In other words for notice of intent you physical attendance beofre the marriage registrar is not mandatory at all.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Your fiancée can forward notice to you for your signature

2) you can sign the notice of intended marriage have it attested before Indian consulate and return papers to your fiancée for submission to the marriage registrar in India

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Your personal presence would not be necessary for filing in notice of intended marriage

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

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 o 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. So your personal presence would not be necessary for filing in notice of intended marriage .

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

If you are going for marriage registration under the special marriage act then one of the partner at the time of application shall be present before the registrar.

One of the partner shall be living at that place for a period of 30 days as per the special marriage act.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If you want to marry under Special Marriage Act before the registrar then your personal presence is indispensable. Unless you are personally present the application form will not even be accepted by the registrar's office.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

for initiating the process of marriage registration under this Act, before submitting the above documents, both the parties have to give a 30-day notice to the sub-registrar in whose jurisdiction at least one spouse has resided prior to applying to the local registry office to get married. For foreigners, this is evidenced by a certificate from the local police station.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer