• Court marriage

In order to start the process for court marriage do we need the bride and groom to be present during the application or one of them is enough? I am a NRI and my to be wife is in India. Just wanted to know if we can start the process remotely or I have to come to India?
Asked 6 years ago in Family Law
Religion: Hindu

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12 Answers

Hello,

At the time of making application one of them is enough.

Will it be registered under Special Marriage Act or you two are Hindu?

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1)application form has to be signed by both the parties

2)presence of both parties would not be necessary

3) however it is advisable that both should remain present

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

Hello sir , kindly get few things clear to avoid confusion.. 1) court marriage and registration of marriage are two different process ...1) if you are willing to perform court marriage , then registration of marriage will not be required as it will be done by the marriage registrar only and a certificate shall be issued to you by the registrar 2) if you are marrying as per Hindu cermony in a temple or a banquet , then after the marriage the registration has to be done with the marriage registrar .. During such registration certain forms, affidavits , marriage photographs need to be attached with the application file ... Both are like wise process ...

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

This is not necessary. If any one is not present he/she can submit documents after the registration process starts by signing the complete document adding the identity proofs and getting document notarized and send the documents by post to the marriage registrar.

In case the documents are being sent from overseas then all the documents should be verified by Indian embassy or consulate in that country and send directly to the Registrar.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Both have to be present.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

At least at one point of time, the presence of both the bride and the groom and the witnesses is compulsory.

Even the notice of intended marriage is to be signed by both the bride and the groom.

Thus, in short, this cannot be done without you coming down to India.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

At the time of submission of duly filled up Marriage REgistration Form the physical presence of either of the aprties is not required at all.

Only after one month when the process is due for completion their presence is not mandatory due to putting signature and fixing finger print expressions in presence of the registrar.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

1. The requirement is that the application form has to be signed by both the parties, so the presence of one of them shall suffice.

2. Some affidavits are also required to be executed wherein the bride and groom have to state that their marital status. If the affidavit is executed by you outside India and sent to your to be wife then she can submit it to the marriage registrar.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) you can fill up online form.

2) and than appointment for submission of paper.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

For Court marriage, both, bride, groom and witnesses need to be personally present, and necessary oath reading formalities have been completed in person. So your presence is must.

Vivek Mapara
Advocate, Ahmedabad
28 Answers
4 Consultations

5.0 on 5.0

Registration of marriage is a mode of proof of 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.

If no objections are received within 30 days from the date of notice of intended marriage, bridegroom and bride should appear before the Marriage Officer within next 60 days after lapse of initial 30 days from such notice along with three witnesses for solemnisation of the Marriage. Marriage Officer after following procedure prescribed under act and rules will solemnise the marriage

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

If your marriage is to be registered under the special marriage act then you can sign the papers from UK itself.

But that 30 days period has to be followed up scrupulously.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

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