• Marriage

I am an Iranian girl(Muslim) staying in India & interested in getting married with indian boy( Hindu) . We are based out of Pune. What are the process we should follow to complete to get married???
Asked 4 years ago in Family Law
Religion: Muslim

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

18 Answers

Hello,

You will have to get married under the provisions of the Special Marriage Act.

Following steps are involved:

NOTICE OF INTENDED MARRIAGE

A notice has to be given in writing in the form given below 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 proceeding the date on which such notice was given.

PUBLICATION

The notice given is then published by affixing it in some conspicuous place in the office of the Marriage Officer, and before the expiration of thirty days from the date on which the notice was published any person can object to the marriage that it would contravene any of the conditions necessary for the marriage.

After the expiry of thirty days from the date on which the notice was published the marriage may be solemnized.

PLACE AND FORM OF SOLEMNIZATION

The marriage may be solemnized at the office of the Marriage Officer or at such place within reasonable distance as the parties may desire upon payment of such additional fees as may be prescribed.

The marriage may be solemnized in a form, which the parties may choose to adopt.

However, no marriage is complete and binding unless each party says to the other in the presence of the Marriage Officer and the three witnesses in any language understood by the parties, I_______take thee________to be my lawful wife (or husband)

CERTIFICATE OF MARRIAGE

After the marriage has been solemnized the Marriage Officer shall enter a certificate in the Marriage Certificate Book and this shall be signed by the parties to the marriage and the three witnesses and this shall be conclusive evidence of the marriage.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Concerned,

Please be informed that other than your religious ritual, your marriage will be registered under Special Marriage Act at the office of the Marriage Registrar. Such Registration will legalise your marriage in India and abroad.

Best of Luck

Atulay Nehra
Advocate, Noida
1282 Answers
58 Consultations

5.0 on 5.0

Best would be, to get marriage under the Special Marriage Act.

Under this, neither of your will require to convert your respective religions.

Contact a local lawyer to help you with the solemnisation of your marriage under the Special Marriage Act.

This could be done at Pune itself.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You can get married under provisions I’d special marriage act

2) notice of intended marriage has to be given

3) 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.

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
87973 Answers
6207 Consultations

5.0 on 5.0

Dear Querist

You can marry the boy as per special marriage act without changing your religion if you are ready to convert then go to Hindu marriage and registered the same before marriage registrar.

Required documents:-

1. Identity and address proof of you and him.

2. NOC from your embassy

3. Passport size photographs(4each)

4. Two to three witnesses.

Feel free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

You have get married under special marriage act.

Solemnization and registration of marriage: (Procedure)

No religious ceremonies are required.

Parties to the marriages shall give notice to the Marriage Officer.

You have to submit your Notice of Intended marriage to the local registry office, as well as evidence of your or your partner’s residency, certified copies of passports and birth certificates and photographs. Only one member of your party needs to be present to submit the notice.

( you’re a foreigner marrying an Indian citizen, you’ll also need to visit a lawyer to create an affidavit confirming that you’re a willing party to the marriage. This is in the absence of the presence of parents who are there to ‘give you away.)’

At the registry office, you’ll then sign three copies of your notice of intended marriage, and confirm your names and addresses to the registrar. If no one objects within the 30 day period before your wedding day, you can be legally married, again at the registrar. You’ll need three witnesses present, and several copies of the passports and proofs of address for all of your witnesses.

To obtain your marriage certificate, you should visit the local marriage registrar’s office which is generally in a court or municipal building. There’s a 30-day waiting period after your wedding, and then you can obtain your certificate which counts as legal proof that you’re married. In total, you should expect to spend at least 60 days in India, between both 30-day waiting periods before and after your wedding.

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

Full birth certificate

Passport

The foreign party will need a visa for more than 30 days (we got married whilst I was on a 6 month Tourist visa)

Proof of address

Certificate of No Impediment/Single Status Affidavit

Passport sized photographs

Marriage Certificate:

The Supreme Court of India, in 2006, made it mandatory to register all marriages. A marriage can registered under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954 in India. The Special Marriage Act provides for not only solemnization of a marriage but also its registration by a Marriage Officer.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Marriage between persons of two different religion and nationality can be performed under Special Marriage Act without changing respective religion or citizenship.

2. Since you are residing in India for sometimes you won't face much hurdle to get the thing done.

3. It takes mandatory one month of time with proof of age, address and nationality to be applied with a local marriage registrar.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Get married under special marriage act, easiest and hassle free

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

You can follow the process as mentioned in the Special Marriage Act and get married.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

1) You can follow the Special Marriage Act, Law to get marriage and registered it.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

You should approach the Registrar Court of Marriage and shall move an application for getting your marriage done. You will be required to submit following as a proof -

1. Affidavit of both parties stating your credentials such as Name, Date of Birth, Place of Birth, Place of residence, Religion, Nationality etc. stating that both the parties are moving before the court in their senses and have not been coerced in any manner for the same. This affidavit will be prepared by a local notary officer.

2. Copy of Identity proof of both the parties

3. Copy of Address proof of both the parties (Rent agreement older than 2 months will do but that has to be registered with the registrar court. A normal notary based rent agreement will not do in this case.)

4. Copy of Aadhar Card of the bridegroom and Copy of Passport in your case (since you are not an Indian)

You will file an application for marriage before the Registrar Court of Marriage under the Special Marriage Act (SMA) of India. Under the SMA none of you have to change their religion to get married to each other. You will be requiring three witness at the date of marriage to attain the finality of marriage done from the court. The entire process will take 45 days which will begin from such date on which you have moved your application. In actual the entire time period allotted to complete the process of marriage registration is 90 days. So in case it takes more than 45 days then do not get worried you will still have some time to get the process completed.

Otherwise what you can do is you can convert your religion as Hindu and then can get yourself married from the Arya Samaj Temple. A marriage done from Arya Samaj Temple can be easily registered before the Registrar Court of Marriage under Hindu Marriage Act. However it is not advisable from my side. I will advise you to get your marriage done under SMA only.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

You can get married under 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.

You need to submit evidence of residency, certified copies of passports and birth certificates, and two passport sized photographs each.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

You may marry in India under Special Marriage Act.

Normal process takes a month to register the marriage. You along with the boy should apply for the marriage with the Registrar in Pune with KYC details of both the parties. The parties may appear for registration if there is no objection from any party to this marriage and obtain the certificate.

You may hire an advocate locally to help you in process of marriage.

Good Luck!!!

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello,

You can marry according to Special Marriage Act .The procedure are as follows :

You just need valid identity proof such as aadhar card or in your case a proof of your temporary address as well as your permanentresident address and for your husband valid identity proof and fill up the form and submit it to the marriage officer . After 30 days both the party has to appear before the marriage officer and sign a declaration . The place of marriage should be either where bride lives or bridegroom lives.

The following are the steps:

Steps for Court Marriage

1. notice of intended marriage , 2.Publication of notice

3. Objections of marriage (Anybody can file an objection if you are already married )

4. Signing the declaration. Certificate of marriage will be issued on the that day or next day .

Hope this helps.

Please feel free to contact me in case you face any difficulties.

Regards.

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

You can get married under the provisions of special marriage act by complying with the conditions proved in the law for special marriage act.

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 own documents to prove your identiuty.

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
78131 Answers
1543 Consultations

5.0 on 5.0

Since this is an inter-caste marriage, you will have to get married under the Special Marriage Act. You will have to register for the same before the District Registrars/ Sub Registrars by filling up a form. Thereafter, after a notice period of one month, the both of you can get married.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

The Legal Requirements for Getting Married in India are as follows:

1) The couple should be prepared to stay in India for 60 days its a lengthy process.

2) Civil weddings in India are governed by the provisions of The Special Marriage Act

3) 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.

4) (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

Note* 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

You can get married as per Special marriage Act. You need to fill the form and give one month notice. It's a easy process of getting Registered marriage.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

Ask a Lawyer

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