• Marrying an American citizen in Bangalore

Hi, i fell in love with an American Sikh woman and I'm a Muslim from bangalore.

She is coming down to Bangalore for a week, we were planning to get married in that period. Please let me know the legalities. 

Thanks.
Asked 4 years ago in Family Law
Religion: Muslim

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15 Answers

Hello,

The marriage can not be solemnized during the said period. Your marriage is to be conducting under the provisions of the special Marriage act for which a residence of 30 days in india is to be shown.

Re

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Approach the local sub registrar of marriages and get the marriage registered under.special marriage act. You need your documents photo and her.documents to be submitted and original to be shown at time of registration. And you should show her residence for 30 days in India.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

You can get married under provisions of special marriage act

2) 30 days notice of intended marriage has to be given

3) 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)

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

You cannot get married under provisions of SMA in 4 days time

Since both profess different religions marriage has to be solemnised under SMA

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

1. The marriage can be done under SMA. A 30 day residency requirement has to be met, 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 registrar's office to get married. For foreigners, this is evidenced by a certificate from the local police station or Copy of C Form or FRRO Registration copy accordingly.

2. You will have to file your application to get married to the registrar's 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.

3. If no objections to the marriage are received within 30 days of the application, a civil ceremony before the marriage registrar under SMA 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.

4. All she has to do right now is to come with her original Certificates on a Tourist Visa and post registration of Marriage convert it into "X" Visa.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

This is my response to you:

1. Once you get married in India you will have to be bound by the marriage laws of India;

2. Since you belong to two different religions your marriage will be solemnised under Special Marriage Act;

3. The next thing is you will need to obtain a marriage certificate and register your marriage;

4. So for registration she can visit India again in the next 3 months or before and register the same;

5. It is better that you engage services of a local lawyer to assist you with the documentation and paperwork on your behalf.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

hello,

yes, you can marry her a per your religion or hers. you can also marry her as per special marriage act in India, which is an Act wherein people marry when they are of different religions.

if she is an American citizen, that does not matter. you can stay here or can go to the USA if you want.

regards

Rahul Mishra
Advocate, Lucknow
13754 Answers
65 Consultations

5.0 on 5.0

1. The process of marriage registration through court require about 1 month.

2. You may approach marriage sub-registrar to register your marriage under special marriage act. I can get this marriage registered on the same day.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

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

notice of intended marriage of atleast 3 days has to be given and after the elapse of that waiting period, you can legally get married.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Dear Sir, she's visiting India for 4 days only and we want to marry in that course of time.

Is there any possibility it can be done?

A. You cannot get married then. Atleast 30 day stay in India is required.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

1. You can register the marriage in India under Special Marriage Act for which one month of time is required.

2. So at the time application she needs to be present in India.

3. Once 30 days passes you can register the marriage when presence of both of you in India required.

4. You can register the marriage in abroad also through the Indian foreign office under Foreign Marriage Registration Act.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Since you both belong to different religions, you can only get married under the Special Marriage Act, until and unless your wife is willing to convert to Islam for the marriage.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

Then I would suggest you to go a temple and get married to each other.

Later on, her the same registered at Registrar’s office.

It is as valid marriage as court marriage and Arya Samaj Mandir.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

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
78048 Answers
1543 Consultations

5.0 on 5.0

Yours is an inter religion and inter country marriage, hence if you want a legal recognition for your marriage and would like to have a legally valid marriage certificate then you may have to undergo the process meant for it.

If you dont want any legal recognition for your marriage then you may decide and arrange for the marriage in a simple function at your home.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

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