• Marriage with foreigner

Hi

i live in New delhi , India and holding an indian passport i would like to get the assistance in the same matter what is the process of getting marriage done in India.

basically what i want is she come to india on a tourist visa and we perform wedding here we plan to marry soon so the earliest reply/help would be much appreciated 

thank you
Asked 6 years ago in Family Law
Religion: Muslim

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12 Answers

hello

if you are of the same religion, e.g. Hindu then the marriage can be performed under the Hindu marriage act. but if you are of different religions then the special marriage act provides that persons of different religious communities may marry before a marriage registrar in a civil marriage. marriage under the special marriage act a notice has to given to the registrar of marriages by the persons who intend to get married and they are called for marriage after 30 days.

regards

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You can get married to foreigner under provisions of Special marriage act

2) The parties have to file a Notice of Intended Marriage in the specified form to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given.

After the expiration of thirty days from the date on which notice of an intended marriage has been published, the marriage may be solemnized, unless it has been objected to by any person.

The marriage may be solemnized at the specified Marriage Office.

3) The following documents are required for both the partners for register the marriage

1. A valid Passport

2. original Birth Certificate showing parents' names

3. if the person concerned is widowed, the original death certificate of the deceased spouse

4. If divorced, copy of the final decree

5. 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
94658 Answers
7524 Consultations

5.0 on 5.0

Dear Concerned

Any marriage with a foreigner will be governed by the special marriage act 1954 and you would need to give a notice atleast a month before the this marriage. You may puruse filing of a notice and later in the date after notice call your to be wife to India and tie a knot and register your marriage.

Best of luck.

Atulay Nehra
Advocate, Noida
1308 Answers
58 Consultations

5.0 on 5.0

1. Both of you are free to marry under SMA.

2. A 30 day residency requirement has to be fulfilled, which means that either the bride or the groom has to be living in India for at least 30 days prior to filing the application 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.

3. You are required to submit your intention to get married to the marriage registrar 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 filing of the application, a civil ceremony at the marriage registrar's 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.

5. 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
30763 Answers
972 Consultations

5.0 on 5.0

1. Yes, bot of you can register the marriage under Special marriage Act which can be done between an Indian and a foreign national.

2. This procedure to get the marriage registered under SMA is minimum one month. So once she comes she can either stay for one month or fill the form and go back and again come back after 30 days to complete the procedure.

3. Please note that age and address proof of both of yours is necessary

Devajyoti Barman
Advocate, Kolkata
22809 Answers
487 Consultations

5.0 on 5.0

Firstly, thee is no law in India which may put to some conditions for marrying a woman from another country or from the India but residing in some other country.

Secondly, you can perform the wedding as per th rituals in which you believe, and get the same registered with state.

Thirdly, on you get married to her then the validity of the marriage is as such as the law prescribes.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

The Legal Requirements for Getting Married in India, with a foreigner are as follows:

1) The couple should be prepared to stay in India for more than 30 days.

2) Civil weddings in India are governed by the provisions of The Special Marriage Act.

3) 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.

4) (a)You’ll need to submit your intention to get married to the registry office

(b) along with the residence certificate

(c) certified copies of passports

(d) birth certificates

(e) two passport sized photographs each

(5) Evidence of eligibility to be married - - Which means that - Anyone who hasn’t been married should obtain in case of:-

(a) For US - single status affidavit

(b) For UK - a Certificate of No Impediment

(c) For Australian - Certificate of No Record.

(6) Witness: Three witness are required who have to provide passport sized photographs, as well as identification and proof of address.

(7) The marriage certificate is usually issued a couple of weeks after the wedding.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Sir you can marry under the Special marriage act.

She comes to India after that a notice of the intent to marry can be given to the registrar in joint application along with the required documents.

the registrar shall publish the notice and further shall call you for the document verification.

After that a one month later date shall be given for marriage solemnisation.

On that you can be present before registrar with 3 witness and photographs and can register your marriage and take oath.

Later within 2 weeks he shall give you a certificate of marriage.

See the documents required shall be the Birth certificate, passport , ID proofs, Residential address(of the area you decide to marry), An affidavit regarding marital status of the both the parties.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You may marry as per the Sharia law in India or go for special marriage act if the spouse is not Muslim. Both cases she must be present in India for the registration of marriage

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Hi, you can register your marraige under special marraige act , before the marriage registrar , Delhi

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Apply for court marriage in a district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date.

3passport size photo, 3 witness, Age proof, address proof, declaration from foreigner - not married.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

Make sure your fiancée get a tourist visa valid for 3 months since the entire procedure takes that much time. To apply for a tourist visa for 3 months , you give an invitation letter, a scanned copy of your PAN card and return ticket valid for 90 days.

Next step to visit the office of the Marriage registrar. All marriage to foreigner has to solemnized under the Special Marriage Act of 1954. First jointly fill up the Intent to marry form. For this they require your age proof, (Passport, Birth Certificate) your address proof ( Passport, Ration Card, Voters Identity card) and Martial status. If any one of the spouse is divorced then the divorce decree along with the judgment copy has to be submitted. If the divorce decree is in any other language other than English get it translated and attested by your consulate/embassy. Passport size photographs are also to be pasted on this notice. All the documents have to be photocopied at the time of submission, photocopies has to be notarized. You have to pay a nominal sum as fees for which a receipt is given.

Then after two weeks visit the Marriage Registrar’s office for the actual date of marriage. At this time have all your original documents ready so that the Marriage Registrar himself can verify. After verification of the documents the registrar will give a date for the marriage. The date of marriage will be stamped on the back of the receipt. You can also say that you will show all the original documents on the day of the marriage. You can choose your date of marriage minimum one month from the date of submission of the form to maximum three months.

For the marriage itself you have to have three witnesses. All witness should have their passport size photographs ( 3 copies) along with proof of residence. You should also carry 3 nos of passport size photographs. The marriage shall be solemnized in front of the marriage registrar where in the husband and wife have to take oath. The marriage certificate will be issued after 15 days. The marriage certificate will have photographs of couple and also the photographs of the witness.

T Kalaiselvan
Advocate, Vellore
84857 Answers
2188 Consultations

5.0 on 5.0

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