• South African woman marrying an Indian National

If my fiance says there is a way we dont have to stay in India during the specified time required to apply for permission to marry, will this constitute marriage fraud?

He is working in the middle east and i am working in south africa. We both simply cannot sit in India and wait. We want to be legaly married in India and we have marriage plans already but i am worried the marriage will become null and void. Please help
Asked 6 years ago in Family Law
Religion: Other

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17 Answers

you can get married under provisions of special marriage act in India

2) 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.

3)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.

4)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.

5) not necessary for your spouse to stay in India for period of 30 days

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

prenuptial agreements are not valid in India

2)The Contract Act nullifies all contracts with respect to marriage or which has marriage as a consideration.

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

If you marry under special marriage act there should be no problem at all, or you can go to any temple and get married click photo and videos by friends and then go for marriage under special marriage act also

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

It is not at all fraud and u stay any where in the world. In Wer u r getting the country rules applied to your Marraige.

Indian laws are having equality the same rules are applicable to Indians and others

Hemadri Chandrakanth
Advocate, Vijayawada
98 Answers
10 Consultations

4.0 on 5.0

See one on the party to the marriage has to be there for 30 days residence before giving a notice of intending marriage under Special marriage act.

And then after expiry of 30 days of notice you can marry.

The notice and residence period cannot be waived off.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

There cannot be any marital law protecting female before marriage though neither there can be any agreement.

But yess after marriage as married women you have laws protecting you in marital status.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Foreign women married in India have similar rights as Indian married women have .

you can marry in India and both of you need not to sit here in India and wait 30 days after.

anyone of you can apply for the registration of marriage along with the required documents to apply for registration of marriage and it takes 30 days time to wait for any objection in this regard and the completion of the requisite waiting period the marriage can be registered in presence of both the parties.

An advocate may help you in this regard.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1. The marriage can be registered under Foreign Marriage Registration Act from Indian Consulate at the place where you are presently working or staying .

2. So for this you need not travel to India.

3.Another option is to sybmit application in India by sending the filled up application firm from abroad and then after one month to visit india to complete the registration process.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

He is working in the middle east and i am working in south africa. We both simply cannot sit in India and wait. We want to be legaly married in India and we have marriage plans already but i am worried the marriage will become null and void. Please help

If you want to legally marry each other in India, then you may have to get married under the provisions of Special marriage act.

You canot say that you will not abide by the rules meant for the purpose.

The law cannot dance to your tune.

The provisions for registering ther marriage are to be adhered to or else your marriage will not be legally valid and you cannot claim any benefits or rights under the marital obligations.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Are there any prenuptual laws or any form of marriage protection especially for a female foreigner marrying an Indian man?

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 identity.

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
84711 Answers
2172 Consultations

5.0 on 5.0

1. If you want to marry in India as per Indian law by registering the said marriage then the one who is an Indian being yourself shall have to stay in India ( for giving notice) for one month and the other person shall have to have an address in India where the notice will be sent. He can come to India before one month and take up an accommodation on rent to create an address in India and then leave for his place to return on the date of the marriage for signing the register kept with the marriage registrar.

2. If it is not possible on your part to register your marriage in India by following the steps as suggested above, you can marry as per Special Marriage Act or Foreign Act and register your marriage as per the said Acts before the appropriate officer of the Indian Consulate of the country where one of you currently reside.

3.Such registration of marriage before the Indian Consulate as per Indian Law will be treated as valid in India and all over the world.

4. If your marriage is arranged to be registered by following unfair means without complying with the legal requirements, it will not be treated as a legal marriage by Indian Law.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Firstly, the law prevail of that place where you have been thinking to get married.

Secondly, there is nose in any country which can make it void.

Thirdly, you please think about your future, need not to worry about anything.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

As per the law you need to stay in India. If you conceal the fact it will become a fraud.

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

If you both are hindus, as per hindu marriage act section 7(2), which clearly states if you take 7 rounds or steps which is known as saptapadi, in front of the sacred fire keeping both side parents and relatives, the marriage is complete,

It takes 7 days to register marriage under hindu marriage act, thereafter, if you apply the very next day within 7 days your marriage will get registered. Even if you do not register and you have marriage pics it stands approved in itself.

In special marriage act you have to apply with one month notice and have to compulsary get married within 3 months time failing which the application gets dismissed after 90 days and fresh application needs to be made and in special marriage act , no social marriage required signing the document of registration completes marriage.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

There is no validity of pre nuptal laws in India

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

the registrar will not register the marriage without seeing that you have stayed for a particular period of time in India.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

thats the law of a country, to apply either of you have to be present and sign documents. If you wish to change or dictate the laws of a country, choice and freedom is yours. My prerogative is to guide to the best.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

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