• Inter religion marriage

Respected all,
I am a Hindu and my partner is a Christian. We both are from Bangalore (aadhar card address proof). Currently I am in Bangalore and he is in USA. Since we are from different religion, we must get married in Special Marriage Act 1954. I have the following questions:

Incase of Kolkata:
1. By birth I am a Bengali from Kolkata. Is it possible to somehow register marriage in kolkata? Please suggest what would be the best scenario if the groom is not physically present for the marriage notice? What are the proofs required for marriage registration in kolkata? 
2. In which state am I eligible to register?

Incase of Bangalore:
1. Is it required for both bride and groom to be physically present for the marriage notice? Is there any other way if groom is not present physically at the office for the marriage notice? 
2. Is it possible to send the application by registered post to the Marriage Registrar office in Bangalore? 

Thank you for your support.
Asked 7 years ago in Family Law
Religion: Hindu

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16 Answers

1. The marriage will be registered at Bangalaore only because you usually reside there. For the purpose of special marriage act, usual residence of the place has to be shown.

2. Presence of both bride and groom is required at the the time of notice. Also he will have to show a residence of 60 days in India.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

hello,

in the SMA, the notice has to be received by the persons residing at the place of the person about to get married. if you want to get your marriage registered in Kolkata then you have to go to the office of the marriage registrar there. he will send notices from Kolkata to places where you both have residences.

you can register the marriage in any state but the physical presence is not required, the groom's member of the family can also take the notice. you have to hire a lawyer who will do the needful. you have to be present before the registrar at the time of marriage.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

it is better you get married in Bangalore as you have residence proof of Bangalore

2) it is not necessary that both should remain physically present for giving notice of marriage .

3) if it is not possible for groom to remain physically present it is sufficient if application form is signed by groom and duly attested by Indian consulate

4) you cannot send notice by regd post to registrar office

Ajay Sethi
Advocate, Mumbai
99971 Answers
8159 Consultations

1. if you have address of proof in kolkata then you can register such marriage if not then address of your near relative is also enough.

2. There is no way one can apply and complete the registration process though postal medium. You need a professional to complete the procedure for which signature of both if you in needed in the form and after 30 days on the date of final registration presence of both of you is mandatory.

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

This is my response to you:

1. Persons belonging to different relations and faiths can have their marriage Solemnized under this Act;

2. Marriages performed under other forms can also be registered under this Act;

3. 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;

4. 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 Registrar in whose District the parties are permanently residing;

5. Any person before the expiration of 30 days may make an objection that the marriage contravenes the essential conditions noted above;

6. After the expiry of 30 days of notice the Sub-Registrar shall register the marriage after the Bridegroom and Bride sign a declaration in form specified in the Third Schedule in the presence of three witness and they should utter in the language known i(a) take the (b) I take b) to be my lawful wife.

7. Therefore after that there can be a garland ceremony and after above procedure is over the parties will be issued an extract of the marriage register.

Therefore in further response to you:

1. You will have to be physically present;

2. Perform the ceremony and register the marriage at Bangalore since your address proofs are of that place;

3. You will also not require extra documents more than aadhar card;

4. Yes, it is important that both the couple are present;

5. You must engage a lawyer if you have confusions relating to the legalities involved in the procedure.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

1. even though the groom can sign the marriage form in the USA, he still needs to be verify and identify his signature by personally being present before the Marriage Registrar

2. he would also be required to enter his signature in the register of marriage maintained by the registrar for records

3. you can register the marriage either at Kolkata or Bangalore

Yusuf Rampurawala
Advocate, Mumbai
7920 Answers
79 Consultations

Notice for intended marriage can be submitted by him from USA online and hard copy thereof alongwith notarized copies of age proof and residence in USA have to be sent to you for submission to the marriage registration office.

2. Please proceed accordingly.

Sushil Jha
Advocate, Patna
283 Answers
5 Consultations

Dear Client,

You are eligible to marry all over Indian except J & K. requisite - one month stay preceding,apply for court marriage. Presence of either party may be waive, depends on office procedure.

In person presence will require.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

1) the parties have been residing within the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration of the marriage.

2) Conditions relating to solemnization of special marriage.-

Notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled namely:

(a) Neither party has a spouse living:

(b) neither party-

(i) is incapable of giving a valid consent to it in consequence of unsoundness of mind, or

(ii) though capable of giving a valid consent, 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; or

(iii) has been subject to recurrent attacks of insanity or epilepsy;

(c) the male has completed the age of twenty-one years and the female the age of eighteen years;

(d) the parties are not within the degrees of prohibited relationship:

Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship: and

(e) where the marriage is solemnized in the State of Jammu and Kashmir, both parties are citizens of India domiciled in the territories to which this Act extends.

Explanation- In this section, "customs, in relation to a person belonging to any tribe, community, group or family, means any rule which the State Government may, by notification in the Official Gazette, specify in this behalf as applicable to members of that tribe, community, group or family:

Provided that no such notification shall be issued in relation to the members of any tribes, community, group or family, unless the State Government is satisfied-

(i) that such rule has been continuously and uniformly observed for a long time among those members;

(ii) that such rule is certain and not unreasonable or opposed to public policy; and

(iii) that such rule is applicable only to a family, has not been discontinued by the family.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. See first of no physical presence for notice is not required one party can submit same though both have to sign it, for the groom it can be signed and notarised and attested with consulate in US further for verification he shall be required , secondly you can use residential address if any of kolkata to show your residential address or of your ancestral or family home or you can make rent agreement for purpose of the residential address if no property in kolkata of your family or yours,

For marriage you need age proof, residential proof, identity cards of both along with a affidavit pertaining to the marital status.

2. You can register in both banglore and Kolkata if you have residence in kolkata both are totally valid,

3 Yes notice can be give,

4. No it can be done through post,

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. You have decided to marry under SMA as you belong to different faiths. In your case it will not be a mere registration of marriage, you will have to marry under SMA by filing an application before the marriage registrar. The application for marriage under SMA can be filed to the office of marriage registrar within whose jurisdiction either of the two resides. The address proof will have to be annexed along with the application.

2. The marriage registrar under SMA will accept your application only and only if he is satisfied that you or your partner have the address proof of Kolkata.

3. The application has to be filed in person.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Since you have all your identity proofs at Bangalore address you may have to register the marriage at Bangalore alone.

The notice of intent can be submitted by you to registrat for both.

At least one party to the marriage may by present while submitting the application form.

T Kalaiselvan
Advocate, Vellore
90173 Answers
2505 Consultations

Form should be attested before Indian consulate

2) mere notarised form would not be accepted

3) number of lawyers on this website from Bangalore contact any of them

Ajay Sethi
Advocate, Mumbai
99971 Answers
8159 Consultations

See you can just submit notice by yourself signed by the groom but the registrar shall give a date for document verification on that prescribed day your groom need to be present before registrar. Further the notice signed by him shall be notarised and attested by Indian Consulate.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

For this purpose you dont require the assistance of any lawyer.

You can submit the notice of intent of both together to the Special marriage officer.

The other party need not be present while submitting the application form.

There are plenty of lawyers from Bangalore are available in this forum, you an select one.

T Kalaiselvan
Advocate, Vellore
90173 Answers
2505 Consultations

Hope your query has been satiated over phone regarding procedures to be followed in this regard.

Sushil Jha
Advocate, Patna
283 Answers
5 Consultations

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