• Special marriage act for Indian and American Citizen

Hello, I am an Indian citizen wanting to marry an American citizen(Non-Indian) of a different faith. We are planning to go for Special marriage act in India. Here are the following things I need help with: 

1. I need guidance regarding the procedure and documentation from both parties.

2. I also have a doubt regarding my residence address, I am currently staying in Hyderabad, my Aadhar card has the different address of my hometown. Can I get married in Hyderabad by showing my proof of stay? If so, what documents do I need to submit if I am living in a family owned property in Hyderabad? 

3. Do I have to go to the same marriage registration office in my area where I reside in Hyderabad or can I apply anywhere in the city?

4. For the NOC can I get it in Hyderabad?
Asked 4 years ago in Family Law
Religion: Muslim

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18 Answers

1. both of your address and age proof along with photographs is required to apply for the registration.

2. Yes, rent agreement is enough make registration in Hyderabad.

3. Apply before the registrar who is locally available.

4. Yes, the same marriage registrar will do this for you.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You have to give notice to the the Marriage Officer of the Hyderabad if you are living there for more than 30 days. after that the officer ll send or publish the notice in the area where u r living if someone wld have objection then that person ll cm and if no objection for 30 days then officer ll call both of you along-with witnesses and marriage ll be solemnized and a certificate of marriage ll be issued to you

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

Dear Sir,

My answers as follows:

1. I need guidance regarding the procedure and documentation from both parties.

Ans: Yes, given at the end.

2. I also have a doubt regarding my residence address, I am currently staying in Hyderabad, my Aadhar card has the different address of my hometown. Can I get married in Hyderabad by showing my proof of stay? If so, what documents do I need to submit if I am living in a family owned property in Hyderabad?

Ans; Yes. It is required only of identification purpose.

3. Do I have to go to the same marriage registration office in my area where I reside in Hyderabad or can I apply anywhere in the city?

Ans: No. In any Registration office.

3. For the NOC can I get it in Hyderabad?

Ans: yes.

THE PROCEDURAL IS AS FOLLOWS.

===============================================================================

Dear Friend,

You may go through the following procedure under Special Marriage Act

Conditions Necessary for A Marriage

The following conditions are necessary:

1. That neither party has a spouse living at the time of marriage.

2. That neither party is incapable of giving a valid consent to the marriage due to unsoundness of mind.

3. That neither party has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children.

4. That neither party has been subject to recurrent attacks of epilepsy or insanity.

5. That the bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of marriage.

6. That the parties are not within the degrees of prohibited relationship. However where a custom governing at least one of the parties permits a marriage between them, such marriage may be solemnized non with standing that they are within the degrees of prohibited relationship as follows:

http://www.helplinelaw.com/family-law/MSMA/solemnization-of-marriage-under-special-marriage-act-1954.html

The requirements of procedure as per Karantaka State is as follows regarding fees and formats

3. Every Marriage Officer shall cause his name designation and the regular working hours of his office to be written in English and in Kannada and displayed in a conspicuous part of the building in which his office is situated.

4. (1) Notice of any intended marriage under the Act shall be given in writing in the form specified in the Second Schedule to the Act to the Marriage Officer by both the parties intending to enter into the marriage either in person or by registered post.

(2) Where the notice is delivered in person, the fee prescribed therefor in rule 10 shall be paid directly in cash to the Marriage Officer. Where the notice is sent by registered post the fee shall be remitted by money order at the remitters expense and the receipt issued to the remitter by the post office through which the remittance is made shall be attached to the notice.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1) generally its required to file a notice of intended marriage with a Marriage Registrar in Hyderabad . 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.

3) 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.

4) 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)

4) you can get married in Hyderabad by showing proof of stay in Hyderabad

5) leave and licence agreement would prove your stay in Hyderabad

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

If both are by religion Hindu, the top court of our country has recently stated that just by way of putting Sindur marriage is complete.

In this case special marriage act applies and relevant address proof matters and not place. Place can be of the individuals choice.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

You need to visit the marriage registration office in Hyderabad along with all the relevent KYC documents of both the parties. It is advisable to hire an advocate who can help you in paper formalities. You can marry in any city in India and address in Aadhar card will not be a problem.

After a period of 30 days if there is no objection to this marriage you may get your registration and certificate will be issued for marriage.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. You shall have to file an application before the Registrar for the marriage and give notice of one month for the said marriage to enable others to raise objection, if any You shall have to submit both of your identity proof along with your said application.

2. You shall have to show some document, like tenancy agreement, rent receipt etc., to prove that you are staying at Hyderabad. If you are staying in your family owned property then you shall have to show some document as evidence that you are staying at Hyderabad.

3. You shall have to approach the marriage registrar having jurisdiction on the area you are living in Hyderabad.

4. You do not require any NOC for registering your marriage as per Special Marriage Act.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

yes you can show that if that is on your name or file an affidavit and in addition give a certificate of Municipal Councillor of that area

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

Dear Sir,

You may visit the following links

https://www.wikiprocedure.com/index.php/Telangana_-_How_to_Register_a_Marriage

http://registration.telangana.gov.in/index.jsp

Required Documents[edit]

The application form duly signed by both the husband and the wife.

Documentary evidence of the date of birth of parties (Matriculation certificate/Passport/Birth Certificate). The minimum age of both parties is 21 years at the time of registration under the Special Marriage Act.

The Ration Card of the husband or wife in whose area the ADM has been approached for the certificate.

In case of the Special Marriage Act, documentary evidence regarding stay in Delhi of the parties for more than 30 days (ration card or report from the concerned SHO).

Affidavit by both the parties stating the place and the date of marriage, the dates of birth, marital status at the time of marriage and nationality.

Two passport sized photographs of both the parties and one marriage photograph.

Marriage invitation card, if available.

If the marriage was solemnized in a religious place, a certificate from the priest who solemnized the marriage is required.

An affirmation that the parties are not related to each other within the prohibited degree of relationship as per the Hindu Marriage Act or the Special Marriage Act as the case may be.

An attested copy of the divorce decree/ order in the case of a divorcee and death certificate of spouse in the case of a widow/widower.

In case one of the parties belongs to a religion other than Hinduism, Buddhism, Jainism and Sikhism, a conversion certificate from the priest who solemnized the marriage (in case of the Hindu Marriage Act).

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Yes it should work

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Electricity bill is proof of residence . You can rely upon it to show proof of residence

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Yes, electricity bill in your name is valid proof apart from rent agreement.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear Querist

the documents required:-

1. Identity Proof and Adress proof of both the parties.

2. passport size photographs of both the parties.

3. three witnesses

4. date of birth proof like birth certificate, high school marksheet, passport, driving license etc

5. application for intending the marriage

6. affidavits of both the parties regarding the same.

7. NOC from the embassy.

In the sub-registrar office of your area, as per the proof of your address as mention in your address proof card.

if you have the different address then you may change the same in you adhar card.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

1) Yes, you can show any residential address proof as of now you are staying and get registered your marriage in your local city.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 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.

The documentary proof of residence to be produced before the marriage registration officer for jurisdictional purposes.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

to show the proof of stay in the current city, Can I show my electricity bill? I am staying at our family property so I don't have a rental agreement.

The electricity consumption bill will not be a standard proof. Rental agreement or aadhar card or any other substantial proof.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

1. An Indian national can marry a foreign national in India Under Special Marriage Act.

2. There is a 30 day residency requirement under the law, 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 may show Hyderabad as your place of stay in India, but you need any document in support to prove this. If you have been staying in a rented accommodation, the rent agreement will be sufficient for this condition.

3. You will need to submit your intention to get married to the registry office, along with the residence certificate (i.e. proof of residence), certified copies of passports and birth certificates, and two passport sized photographs and few affidavits each.

4. 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.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Ques. Sir, to show the proof of stay in the current city, Can I show my electricity bill? I am staying at our family property so I don't have a rental agreement.

I do not think that the Electricity bill will work. You can update your address on your Adhar Card. Also, this can be done online. Do some research on this and proceed accordingly.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

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