• Indian marrying Pakistani

I am Hindu from Delhi, India (staying in Delhi) and loves a Muslim girl from Lahore, Pakistan (staying in Lahore). 

We both have been in relationship for more than a year however we have never met each other face to face, we only talk via internet calls/chat. We both want to marry this year. 

My questions are:

1. Which is the safest or easiest country to get married without any issues?
2. How long will it take to get all the legal marriage documents?
3. Which type of marriage is easy and best for us? (None of us wants to change our religion)
4. Will she also have share in my property/earnings/assets after we get married? 
5. Once she get married, will she have Indian nationality?
6. Is it possible to get married in neutral country and get citizenship of that country, if yes, which is easiest country?

I am ready to pay more if someone can guide me in better way.
Asked 4 years ago in Family Law
Religion: Hindu

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25 Answers

1. India.

2. Around two months under special marriage act she is foreign national and this is interfaith marriage.

3. Marriage under special marriage act.

4. No in India the wife in life of husband donot have any right over property.

5. She has to apply for Indian citizenship based on her marital status,

6. You both can go Canada or European national you can get visa but for citizenship different country have different rule and time period.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

there is no clause in Indian law that forbids an Indian man (or woman) from marrying a Pakistani national.

It is not illegal for Indian to Marry Pakistani according to Indian Law.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Hi, both of you can get married under special marraige act ,in India..Once married she will hold Indian nationality

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

You can get married under special marriage act in India

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

3) you need not change your religion

4) wife will have no share in your property

5) she has right to stay in her matrimonial home

6)section 5(1) (c) of citizenship act provides that a person can be regsitered as indian citizen if such a person is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration.

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

You can get married in India as the marriage can be done with you and a Pakistani girl under the provisions of the special Marriage Act in India which nowhere bars marriage between Indian and Pakistani.

The marriage can be done in a day since you are a citizen of India and 30 day period of stay after application won't be necessary in your case. The documents would also be prepared in a day or two.

Your wife would not have any share in your self acquired or ancestral property but she can claim maintenance if you fail to maintain her or she is unable to maintain herself from her own income, in case of simple separation, judicial separation or divorce.

You can also get married in any other neutral country such as Canada but legal expenses would be enormous in foreign countries and can be done without any hassles in India.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

She can apply a tourist visa for India for which the time taken is generally 1-2 months.

Recently, a man in India Tweeted to Sushma Swaraj on, twitter that he wants to marry a Pakistani girl and her visa was granted, so you can also do the same if her visa gets rejected.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

1. You can register the marriage under Special marriage Act.

2. It takes not more than one month. Documents required are address, age proof and marital status.

3. same as above

4. Wife has no right of share in the property of husband.

5. Yes but not after 7 years.

6. You will have to take information from that foreign country.

Well, getting visa for the purpose of registration of marriage is very difficult as visa for Pakistani national is mostly denied by the govt. of India. She may though apply for tourist visa.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

LTV (Long term Visa) can be issued after confirmation from MHA.

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

She can apply for tourist visa for marriage , after marriage she can seek extension. Reach out MEA if there are issues.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello

If she had relatives in India she can come here and then you both can get Married.

In case that is not possible then you would have to go to some place where you can get Married N then apply for a visa In India.

Yes she would become an Indian citizen after marrying you.

If you don't want to change your religion then marry her under the special marriage act which is an Indian law...If she can come to India.

In a foreign country it will have a civil marriage.

Yes she would have a share in you property etc. After marriage.

Regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

she can stay for a maximum of 6 months on each visit.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. You can both get tourist visa of canada or small Countries in Europe or can ask a visa agent more specifically.

4.Yes she can seek extension and then apply for citizenship.

5.she has to apply for it no automatic citizenship.

6. No she is entitled to maintenance according to current law.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

there is no country where you two can get married and get citizenship because you married there.

You can not marry her on tourist visa and as such you should be a usual resident of a particular country in order to marry her.

She will not become an Indian citizen automatically after marriage.

Yes she will have rights over your property in case of divorce

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

It is advised that you twq get married under the provisions of the Indian Marriage Act.

Ask her to come to India for some educational purpose and then she can marry you

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Any visa apart from tourist visa will allow her to marry you

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can get married in UAE in Dubai

2) after marriage apply for her visa on basis of your marriage certificate

3) if you have got job in UAE in Dubai both can stay there as long as you have job

4) your wife dies not automatically become Indian citizen after marrying you

5) after period of 7 years of stay in India she can apply for citizenship

6) wife can claim alimony in event of divorce

7) she has no share in your property

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Hi,

You are advised to marry in your own country to avoid any complications and let her visit here.You may marry in any country and you may come to India but the legal fomalities such as citizenship etc. is to be done. You may remain in foreign country but it depends on the law and your permission(visa) to stay in that country. The tourist visa is for limited period. In case of divorce, all legal rights may be claimed by her.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Sir,

Following documents are required:

Proof of Residency and Address in India for at least 30 days. You should have this document before you apply to the registry.

A valid passport for both parties

Original birth certificate for both parties

Ration Card or Visa indicating your length of stay

Certificate of Single Status or no impediment indicating that you’ve not been married before.

Letters of no objection obtained through your home country’s embassy stating that you willingly consent to the marriage.

Death Certificate or divorce paper if you’ve been previously married or widowed

Passport sized photographs

Proof of residency of the spouse is certified by the police and the police for certain countries do not accept the tourist visa/ talking out of experience.

I hope your work gets done through the tourist visa.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Sir,

Marriage between two different caste is governed by special marriage act. As per questions of safety in which country they don't pertain to any legal answers

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

You may go to UAE and get marry over there. A few countries give residence visa on certain investment.

You may get marry in India under special marriage act and she may get a sponsored visa for long stay.

She has to apply for Indian citizenship after a period of seven years but in the mean time she may get Adhar card after one year.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. Which is the safest or easiest country to get married without any issues?

Both the countries will be having their own laws which may be stringent to each other. The laws of the countries are to be followed in this regard accordingly.

2. How long will it take to get all the legal marriage documents?

It depends on which place you apply for registration of your marriage. In India the marriage process is long and time consuming.

3. Which type of marriage is easy and best for us? (None of us wants to change our religion)

In India, you may have to follow the procedures of special marriage act.

4. Will she also have share in my property/earnings/assets after we get married?

No.

5. Once she get married, will she have Indian nationality?

It is not automatic, she has to undergo the proper formalities in that respect.

6. Is it possible to get married in neutral country and get citizenship of that country, if yes, which is easiest country?

What is neutral country?

You can get married in either of the country following the prescribed rules of the country chosen.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

How can she get visa for India? As far as I know, Pakistanis are not given Indian visas. She is just an ordinary student doing Masters in Chemistry. Which visa she needs to marry me? How long will it take for that visa to get approved?

There are very strict rules for grant of visa to Pakistanis in India.

However she can apply for tourist visa for three months on your invitation

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

1. You choose the country and look for the rules that may permit you both to get married on their solil, there is nothing an Indian law can do for it.

2. She cannot stay here in India permanently with you without getting the formalities properly complied with as per the citizenship law.

3. You have to look for the laws of the country chosen.

4. The tourist visa is for three months extendable by six months.

She cannot stay beyond the permitted limit.

5. It is not automatic, she has to comply with the requisite formalities to acquire the citizenship

6. No.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

After you have registered your marriage with her in India under the provisions of Special marriage act or foreign marriage act, you can apply for citizenship under the citizenship act, before that your may have to follow further formalities.

Since your wife will be on a tourist visa, you have to convert her visa from a tourist visa to a short visit visa (valid for one year). For this you can visit the Foreigners Regional Registration Office (FRRO). For this one has to go to Delhi at the following address: The Director (Foreigner), Ministry of Home affairs, Visa Facilitation Centre, Jaisalmer House, 26, Mansingh Road, New Delhi - 110 011. Carry the original marriage certificate, and both your passports. A fresh visa application form has to be submitted. After that they will issue a sealed envelope to be submitted at the FRRO (Mumbai) for processing the Short Visit Visa in Mumbai. As a note you may be aware that a tourist visa is extendable by 45 days (Max) if an Indian citizen gives an undertaking in writing. The undertaking form is available with them.

At the FRRO you submit three copies of your marriage certificate, three copies of your passport with the latest proof of residence. All original documents should be carried with you for verification. They will issue a booklet called the residential permit with her extension to stay for one year stamped in it.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

There are no laws in India that prohibits an Indian from marrying a foreigner in India.

Undoubtedly, both must be legally of a sound mind and competent enough to marry. The Special Marriage Act, 1954 is applicable where an Indian and a foreigner intend to marry in India.

But on the other hand, when an Indian intends to marry in any other country, the Foreign Marriage Act, 1969 is applicable.

Therefore, it can be inferred that a marriage between an Indian and a foreigner is a civil marriage.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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