• Marrying an Indian citizen

Hi, I’m London born and bred and will be marrying an Indian citizen. What is the best and quick way possible for me to apply for him to come over? Would a court marriage in India help speed up the process?
Asked 6 years ago in Family Law
Religion: Sikh

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16 Answers

See for marrying your partner can come to london on tourist visa if you are planning to get married in london.

for Marrying in India you have to marry under Special marriage act.

The procedure and conditions are as mentioned below:

Conditions for a valid marriage under the Special Marriage Act:

Any two persons belonging to different religions may marry (not needed to change their religions)

Neither party should have a spouse living at the time of marriage.

Neither party should be suffering from mental disorder

Neither party should be unfit for procreation of children.

Neither party should be suffering from incurable insanity.

Neither party should be incapable of giving a valid consent (like unsoundness of mind).

Parties should not be within those degrees of prohibited relationship.

Age:

Bridegroom: 21 years

Bride: 18 years

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 in the prescribed manner.

The marriage is solemnized a by Marriage Officer appointed by the Government.

The Marriage is to be performed after 30 days of this public notice and before expiry of two months from issue of notice.

The appointed Marriage Officer enters relevant information in the Register and issues a public notice of this information.

Before marriage the applicants and three witnesses shall sign a declaration in the form specified.

The marriage is thus completed and recorded in a book kept for that purpose. The entry is signed by the applicants and the witnesses.

Marriage shall not be complete and binding unless each party say the below mentioned words to the other in presence of Marriage Officer and three witnesses. I (X) take thee (Y) to be my lawful wife/husband (which shall be in any language understood by the parties).

Documents needed for marriage in India between an Indian and a foreign citizen under the Special Marriage Act:

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

Once you marry in India you can apply for visa and can take your partner with you.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can get married in UK and register your marriage with Indian embassy under provisions of foreign marriage act

2) in alternative get married in India under provisions of special marriage act

Ajay Sethi
Advocate, Mumbai
94510 Answers
7484 Consultations

5.0 on 5.0

Hi, you can perform court marriage here in INDIA .. The certificate will be issued by the registrar on the very same day

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

In case a marriage between an Indian and a foreign national is to take place in India, generally its required to file a notice of intended marriage with a Marriage Registrar .. 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.

2) 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. 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.

3) The following documents are required for both the partners:

a valid Passport

original Birth Certificate showing parents' names

documentary evidence regarding stay in India of the parties for more than 30 days (ration card or report from the concerned SHO)

4) you would need no objection letter from UK embassy

Ajay Sethi
Advocate, Mumbai
94510 Answers
7484 Consultations

5.0 on 5.0

If you both are hindus get married as per Hindu Marriage Act section 7(2) by performing 7 rounds in front of the sacred fire, known as saptapadi, moreso in pressence of both side parents and relatives and registration of the same happens in 7 days from date of applying after social marriage is complete, for residence purpose, husbands residence proof is enough and wife's documents just need to be submitted alongwith

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

1. Are you a citizen of U.K. with Indian Origin?

2. Do you have the OCI (Overseas Citizen of India) card issued in your favour by bthe Govt. of India?

3. If not , then your fiancee can visit U.K. on tourist Visa and both of you can get married as per English law.

4. If you are a person of Indian Origin, then also she can visit U.K. and both of you can get married before the local Gurudwara or Hindu temple and get your marriage registered as per Special Marriage Act before the appropriate office of the Indian Consulate.

5. Thereafter her Visa can be applied to be renewed as spouse Visa to enable her to continue to stay with you.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. If you desire to marry in India then your fiancee can file an application before the Marriage Registrar giving one month's notice.

2. You hall have to arrive at India on the scheduled date of marriage and register your marriage dukly collecting your marriage certificate.

3. For applying for the marriage, identity and address proofs (like passport)are required to be submitted along with the application.

4. Thereafter you can leave for UK and she can apply for spouse Visa from India with the help of the said marriage certificate.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. It appears you are a British national.

2. If that is so then you can get your marriage registered under Special Marriage Act for which you need one month of time.

3. The marriage can be registered through Indian Embassy as well in UK under Foreign Marriage Registration Act.

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

If you want to get married India you need to get it registered under special marriage act.

Procedure and documents required are:

The persons intending to register their marriage have to give notice thereof

in writing in Triplicate in forms specified under second schedule under Section 5

to the marriage officer of the District in which at least one of the parties to the

marriage have reside for a period of not less than 30 days immediately preceding

the date on which notice is given.

After the receipt of the notice the marriage officer shall enter a true copy in

the marriage notice Book and shall cause the notice to be published in the notice

board of his office and also see that the notice is published in the office of the

marriage Registrrsa in whose District the parties are permanently residing.

On the day of solemnisation, three witnesses are required plus basic identification documents which include proof of age and address of both parties, affidavit with regard to these as well marital status, non-relationship between the parties within the degree of prohibition, passport size photographs and with three witnesses to finally solemnise the marriage

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

If you are marrying in India either under the rituals or through court marriage, both would hold the sanctity in the eyes of law there also.

It would take time but not so long whether you show that it is court marriage or not.

Sanjay Baniwal
Advocate, South Delhi
5473 Answers
13 Consultations

5.0 on 5.0

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
84709 Answers
2172 Consultations

5.0 on 5.0

What further documents would I require?

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.

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

Be it a court marriage or a ceremonial marriage, both are equally good. If you go for a ceremonial marriage, obtain a marriage certificate so that the visa etc may be processed for him.

Vibhanshu Srivastava
Advocate, Lucknow
9582 Answers
303 Consultations

5.0 on 5.0

Dear Cleint,

Marriage will held under Special Marriage Act, Same process , one month notice period in court marriage.

And one party has resided for a period of not less than thirty days in India where applying for marriage.

Yogendra Singh Rajawat
Advocate, Jaipur
22590 Answers
31 Consultations

4.4 on 5.0

Documents needed for marriage in India between an Indian and a foreign citizen under the Special Marriage Act:

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

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes court marriage in India under Special Marriage Act or Foreign marriage Act.

Prashant Nayak
Advocate, Mumbai
31795 Answers
175 Consultations

4.1 on 5.0

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