• Marriage with foreigner in India

I am a foreigner, citizen of Ukraine, and my future husband is an Indian citizen living in Delhi. We are going to get married in India and I need to clarify some information on this matter. The main point is that currently I live in Ukraine and my boyfriend lives in Delhi.
I already know that this marriage is to be registered according to the Special Marriage Act (1954). According to this do I have to stay in India for 30 days before applying to get married or I can just arrive to Delhi with all necessary document, go to the local registry office with my future husband where we submit our Notice of Intended marriage and then leave back to Ukraine again and patiently wait for a month to obtain our marriage certificate? What documents I have to provide in this case?

Thanks in advance for your help.
Asked 5 years ago in Family Law
Religion: Christian

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29 Answers

Notice of intended marriage has to be signed by both parties

2) your fiancée can forward papers to you for your signature

3) have it attested and return the papers to your fiancée

Documents needed for marriage in India between an Indian and foreigner:

birth certificate

Passport

You will need a visa for more than 30 days

Proof of address

Certificate of No Impediment/Single Status Affidavit

Passport sized photographs

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

1. Passport Size Photographs - four each of Marrying Persons.

2. Residential Proof (Voter Card / Passport / Ration Car / Driving License / Bank Passbook / Lease Deed / Rent Deed) of Marrying Persons.

3. Date of Birth Proof (Municipal Corporation Certificate, X th or XII th Examination Certificate, Passport, PAN Card) of Marrying Persons).

4.If any party is divorcee Certified copy of Decree of Divorce granted by the Court.

5. If any party is widow / widower Death Certificate of the dead spouse.

6. If any party is a Foreign Citizen or holding a foreign Passport or is having foreign residential address - Certificate of Present Marital Status of the party / No Impediment Certificate / NOC from concerned Embassy and Valid VISA.

7. Two Witnesses ( Both should be major ).

8. Documentary evidence regarding stay at district in India of one of the parties for more than 30 days (Proof of stay or report from the concerned SHO).

9. N.O.C. or Marital Status certificate from the concerned embassy or Consulate in India by a foreigner partner.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

COURT MARRIAGE OF AN INDIAN AND A FOREIGN NATIONAL

A marriage between parties one of whom at least is a citizen of India may be solemnized under Special Marriage Act, in India before a Marriage Registrar in India or a Marriage Officer in a foreign country.

ELIGIBILITY CRITERIA:

At least one of the parties should be an Indian citizen.

The bride groom must be 21 years of age; the bride must be 18 years of age.

Neither party has a spouse living,

Neither party is an idiot or a lunatic,

The parties are not within the degrees of prohibited relationship.Each party involved should not have any other subsisting valid marriage.

DOCUMENTS REQUIRED:

Application form duly signed by both the parties.

Documentary evidence of date of birth of parties.

Copy of Passport of both the parties with valid Visa.

Residential Proof of both the parties.

Documentary evidence regarding stay at district in India of one of the parties for more than 30 days (Proof of stay or report from the concerned SHO).

N.O.C. or Marital Status certificate from the concerned embassy or Consulate in India by a foreigner partner.

Death certificate or divorce decree whichever is applicable, in case one of the parties had any marriages in the past.

PROCEDURE:

The parties to the marriage shall give notice in writing in the form specified, 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 30 days immediately preceding the date on which such notice is given, and the notice shall state that the party has so resided.

All the documents are verified at the Office of Marriage Registrar.

The law of other nation shall not be in conflict with Indian laws.

The notice is then published inviting objection to the marriage, if any.

If no objection is made, then, on the expiry of the notice publishing period, the marriage may be solemnized.

The marriage shall be solemnized in the presence of at least three witnesses.

Further the Marriage Certificate is entered and is granted by the Marriage Registrar finally.

Ganesh Kadam
Advocate, Pune
12638 Answers
205 Consultations

4.9 on 5.0

1. Well,since to apply for the marriage your signature is required , your presence in india can be waived if you send the filled up ans signed form from your country of origin.

2. After 30 days when agan your signature would be required your presence would be mandatory at that point of time.

3. in other words your continuous presence of 30 days in India is not essential.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
416 Consultations

5.0 on 5.0

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. Upon receipt of an application signed by both the parties to the marriage for the registration, the Marriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objection and after hearing any objection received within that period, shall, if satisfied that all the conditions are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the prescribed form and such certificate shall be signed by the parties to the marriage and by three witnesses. 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 for register the marriage

1. A valid Passport

2. original Birth Certificate showing parents' names

3. if the person concerned is widowed, the original death certificate of the deceased spouse

4. If divorced, copy of the final decree

5. documentary evidence regarding stay in India of the parties for more than 30 days (ration card or report from the concerned SHO) For the clause 5 create a rent agreement soon for period of not less than 30 days prior to filing application

6. 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/her country, as well as proof of termination of any previous marriages.

Ajay N S
Advocate, Ernakulam
4027 Answers
99 Consultations

5.0 on 5.0

As per section 5 of the said act word used are one of the parties to marriage ... So your partner is already residing in India 30 days stay not required.. congratulations for Ur marriage in advance...

Navdeep Kalair
Advocate, Chandigarh
45 Answers
11 Consultations

4.8 on 5.0

For the application of the marriage at least one party should present in India for 30 days to apply for the registration under Special Marriage Act.

As your fiancee is present in India to complete the required formalities so you may come on the day of marriage to get the marriage registered. There is no restriction on the travel after the marriage.

You need to provide your identity document to get your marriage registered like passport, social security card and address proof.

GOOD LUCK !!

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

For getting marriage with an Indian in India you should firstly apply for a tourist visa as the entire procedure will take time.

All marriage to foreigner has to solemnized under the Special Marriage Act of 1954.

-- First you both should jointly fill up the Intent to marry form. For this your age proof, (Passport, Birth Certificate) your address proof ( Passport, Ration Card, Voters Identity card) and Martial status details required.

-- If any one of the spouse is divorced then the divorce decree along with the judgement copy has to be submitted.

AND further ,If the divorce decree is in any other language other then English get it translated and attested by

your consulate/embassy.

-- Passport size photographs are also to be pasted on this notice.

-- All the documents has to be photocopied at the time of submission, photocopies has to be notarized. You have

to pay a nominal sum as fees for which a receipt is given.

-- Then after two weeks visit the Marriage Registrars office in Delhi of the area where your future husband is

residing for the actual date of marriage.

-- On the final date of marriage you both should carry all your original documents ready so that the Marriage

Registrar himself can verify.

-- After verification of the documents the Registrar will give a date for the marriage. The date of marriage will be s

stamped on the back of the receipt. You can choose your date of marriage minimum one month from the date of

submission of the form to maximum three months.

-- For the marriage there should be three witnesses. All witness should have their passport size photographs ( 3

copies) along with proof of residence. No need to carry the witness from your country.

--- You should also carry 3 nos of passport size photographs.

--- The marriage itself is solemnized in front of the marriage Registrar where in the husband and wife has to take

the oath.

-- The marriage certificate will be issued only after 15 days and the said marriage certificate will contain

photographs of you and your husband and also the photographs of the witness.

Hence, the documents required are:-

* Application form duly signed by both the parties.

* Documentary evidence of date of birth of parties.

* Copy of Passport of both the parties with valid Visa.

* Residential Proof of both the parties.

* Documentary evidence regarding stay at district in India of one of the parties for more than 30 days (Proof of stay

or report from the concerned SHO).

* N.O.C. or Marital Status certificate from the concerned embassy or Consulate in India by a foreigner partner.

* Death certificate or divorce decree whichever is applicable, in case one of the parties had any marriages in the

past.

There is a 30 days cooling period after the forms are filled and submitted to the registrars office. If there is no objection during this period, the marriage can take place.

Witness: Three witness are required who have to provide passport sized photographs, as well as identification and proof of address.

Mohammed Shahzad
Advocate, Delhi
10661 Answers
132 Consultations

5.0 on 5.0

Before you approach to apply for notice of intended marriage, you'll have to demonstrate your 30 days stay in India.

You're advised to come to Delhi and spend 30 days here, and thereafter approach the Registrar to solemnise your marriage under special marriage act.

Vibhanshu Srivastava
Advocate, Lucknow
9444 Answers
255 Consultations

5.0 on 5.0

Documents needed:

full birth certificate

Passport

The foreign party will need a visa for more than 30 days.

Proof of address

Certificate of No Impediment/Single Status Affidavit

Passport sized photographs

You need to give a notice of intention to marry and the registration has to be completed in two months after thirty days of notice period.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Dear Querist

You may come to India and directly visit the office if sub registrar along with your future husband and submit your application for intended to marry.

One month stay is not required as your future husband is already reside in Delhi.

Required documents:-

Identity proof

Address proof,

Passport size photographs (4each party)

NOC from your embassy.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

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.

(a)You’ll need to submit your intention to get married to the registry office

(b) along with the residence certificate

(c) certified copies of passports

(d) birth certificates

(e) two passport sized photographs each

(5) Evidence of eligibility to be married - - Which means that - Anyone who hasn’t been married should obtain in case of:-

(a) For US - single status affidavit

(b) For UK - a Certificate of No Impediment

(c) For Australian - Certificate of No Record

If you’re divorced, you’ll need to produce the Decree Absolute, or if you’re widowed, a copy of the death certificate.

There is a 30 days cooling period after the forms are filled and submitted to the registrars office. If there is no objection during this period, the marriage can take place.

(6) Witness: Three witness are required who have to provide passport sized photographs, as well as identification and proof of address.

(7) The marriage certificate is usually issued a couple of weeks after the wedding

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Hi

Just gone through the contents of your e-mail uploaded at Kaanoon.com website. Please note that after moving an appropriate application for registration of marriage under special marriage act, within competent territorial jurisdiction, the authority concern will issue notice for 28 days at the address of respective parties. The notices will be served upon the addresses mention in the application. It is also mandatory provision in accordance with law that a foreigner has to be obtained no objection certificate from their respective embassy. The Local police will also verified the truth about the addressed mention in the application. Till then you have to remain present at Delhi. After completion of the formalities, the certificate of special marriage act will issue to the spouse.

Regards

G.L.Soni ( Advocate)

G. L. Soni
Advocate, New Delhi
87 Answers
3 Consultations

5.0 on 5.0

The marriage solemnised in Ukraine need to be registered in India under Foreign Marriage Act.

Registration of foreign marriages. (1) Where

(a) a Marriage Officer is satisfied that a marriage has been duly

solemnized in a foreign country in accordance with the law of that

country between parties of whom one at least was a citizen of India;

and

(b) a party to the marriage informs the Marriage Officer in writing

that he or she desires the marriage to be registered under this

section, the Marriage Officer may, upon payment of the prescribed

fee, register the marriage.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

The Marriage which is solemnized and registered in any foreign country between two Indians (whether or not either of them has NRI status or not is immaterial here) can not give jurisdiction to Indian court unless and un-till the foreign marriage was duly Registered under the Foreign Marriage Act,1969 in any of the foreign country (before the Indian High Commission and or before the Indian Consulate Generals Office as the case is) OR was certified under the Act in that foreign country where it was solemnized OR the marriage was got registered in India by the parties either under the Special Marriage Act,1954 or any other Matrimonial enactment made for the registration of the marriage.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

you can get married in Ukraine marriage should be registered in Ukraine with Indian embassy or consulate under provisions of Foreign marriages act

2) marriage would be valid in India

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

As per S.15 of the FMA 1969, a marriage solemnized in accordance with the provisions of FMA 1969 shall be valid and good in law. Therefore, re-registration is not necessary. The marriage certificate shall be the conclusive proof to substantiate the factum of marriage.

Rajaganapathy Ganesan
Advocate, Chennai
2092 Answers
8 Consultations

4.9 on 5.0

Yes it will valid in india as well.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

If you get married in Ukraine as per the law and procedure of Ukraine, then your marriage will have to be registered in India under the provisions of the Foreign Marriage Act.

Regards

Anilesh Tewari
Advocate, New Delhi
17968 Answers
377 Consultations

5.0 on 5.0

And it will be good for you to get married in Ukraine, the law in India are tedious in this relation.

Regards

Anilesh Tewari
Advocate, New Delhi
17968 Answers
377 Consultations

5.0 on 5.0

You may register your marriage in India even if you are married in Ukraine your marriage is valid everywhere in any part of the world just go ahead and enjoy best of luck

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

Indian consulate having power to registration and solemnization of marriages of Indians in that state.

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

1. Your prospective husband is required to stay put at his given address at least for 30 days for giving the notice for marriage.

2. You are at liberty even to arrive at Delhi in the morning of your date of registration of marriage, get your marriage registered and then fly back with your husband in the evening.

3. While submitting the application for getting married, you shall be informed about the required set of documents like, address proof,

Krishna Kishore Ganguly
Advocate, Kolkata
26833 Answers
726 Consultations

5.0 on 5.0

1. Under which Act/law you wish to marry in India?

2. You can also marry in Ukraine as per Foreign Marriage Act before the local Indian Consulate which will be treated as valid in India.

3. If you marry in Ukraine as per the prevailing law at Ukraine, then the said marriage will not be considered as valid as per any Marriage Act prevailing in India.

4. You shall have to register your marriage in India aqnd get a valid marriage certificate from the Registrar of Marriage.

Krishna Kishore Ganguly
Advocate, Kolkata
26833 Answers
726 Consultations

5.0 on 5.0

You do not need to get marry again in India, and as anyway you are planning to get settled down in Ukraine then it’s not required.

Krunal Pandya
Advocate, Ahmedabad
5 Answers
1 Consultation

4.0 on 5.0

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.

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)

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

But here is a question nevertheless: if the marriage is solemnized in Ukraine, will it be valid in India or still it will require any registration procedures?

If the marriage solemnised legally observing the valid legal aspects and requirements in any country, then the marriage is valid in any country besides the country where this marriage was solemnised.

Therefore the marriage is valid in India but for all other marital rights, the local law will prevail.

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

Madam if it is registered and sodomized in Ukraine it will be guided by law of that country. Sec 15 of foreign marriage act " Subject to the other provisions contained in this Act, a marriage solemnized in the manner provided in this Act shall be good and valid in law."

For registration if you wanna get it done in India sec 17 of act " Where -

(a) a Marriage Officer is satisfied that a marriage has been duly solemnized in a foreign country in accordance with the law of that country between parities of whom one at least was a citizen of India; and

(b) a party to the marriages informs the Marriage Officers writing that he or she desires the marriages to be registered the Marriage Officer may, upon payment of the prescribed fee register the marriage.

(2) No marriage shall be registered under the section unless at the time of registration it satisfies the conditions mentioned in section 4.

(3) The Marriages Officer may, for reasons to be recorded in writing, refuse to register a marriage under this section on the ground that in his opinion the marriage is inconsistent with international law or the country of nations.

(4) Where a Marriage Officers refuses to register a marriage under this section the party applying for registration may appeal to the Central

Government in the prescribed manner within a period of thirty days from the date of such refusal ; and the Marriage Officer shall act in conformity with the decision of the Central Government on such appeal.

(5) Registration of a marriage under this section shall be effected by the Marriage Officer by entering a certificate of the marriage in the prescribed form and in the prescribed manner in the Marriage Certificate Book and such certificate shall be signed by the parties to the marriage and by three witnesses.

(6) A marriage registered under this section shall, as from the date of registration, be deemed too have solemnized under this Act"

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

U can register the marriage at Indian Embassy in UKrain under The Foreign Marriage Act, 1969 .This Act to make provision relating to marriages of citizens of India outside India. For the purposes of this Act, the Central Government may, by notification in the Official Gazette, appoint such of its diplomatic or consular officers (an ambassador, envoy, minister, high commissioner, commissioner, charge d’ affaires or other diplomatic representative or a counselor or secretary of an embassy, legation or high commission.) as it may think fit to be Marriage Officers for any foreign country. The requirement for this will be your age proof, (Passport, Birth Certificate) your address proof (Passport, Ration Card, Voters Identity card) and Martial status. The best for you both to give one notice for marriage under the Act of 1954 to the Marriage Officer of the District where you permanently reside in India, after one month notice period marry her in presence of 3 witnesses by the Marriage Officer, get Valid Marriage Certificate from the Marriage Officer.

If you want to get the benefit of Indian law then you must marry a person by following Indian law.

Ajay N S
Advocate, Ernakulam
4027 Answers
99 Consultations

5.0 on 5.0

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