• International marriage

My cousin who is born in Cumbum Tamil Nadu ,wants to marry his girlfriend who is from Ireland ,they both live in Bangalore Karnataka,and wish to get married there can you please advice us the procedure for the same he is a Hindu and she is a Christian by religion
Asked 4 years ago in Civil Law

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16 Answers

Hi, they both can register thier marraige before the marriage registrar, Banglore under special marraige act

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Firstly, if your wife is willing to convert to Hinduism you can get married under provisions of Hindu marriage act

Secondly, for marriage under HMA both parties have to be Hindus

Thirdly, if your wife wants to retain her religion you can marry under provisions of SMA

Fourthly, 30 days notice of intended marriage has to be given to marriage registrar fir marriage under SMA

Fifthly, if no objections are received marriage can be solemnised under SMA

6) Both parties along with three witnesses are required to be present on the date of registration/Solemnization.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

They should marry under provisions of special marriage act

2) 30 days notice has to be given ofibtended marruage

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
87973 Answers
6207 Consultations

5.0 on 5.0

Your cousin needs address proof of his stay in Bangalore

He is free to marry in Bangalore

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

The Legal Requirements for Getting Married in India are as follows:

1) The couple should be prepared to stay in India for 60 days its a lengthy process.

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:- single status affidavit

Note* If you’re divorced, you’ll need to produce the Decree Absolute, or if you’re widowed, a copy of the death certificate.

There is a 30 days cooling period after the forms are filled and submitted to the registrars office. If there is no objection during this period, the marriage can take place.

(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

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Follow special marriage act process.

In case of registration of marriage under the Special Marriage Act, presence of both the parties is required after submission of documents of issuance of notice of intended marriage. A copy of the notice is pasted on the office notice board by the SDM. Any person may within 30 days of issue of notice , file objection to the intended marriages. In such a case, the SDM shall not solemnize the marriage until he has decided the objection, within 30 days of its receipt.

If the SDM refuses to solemnize the marriage, any of the parties may file an appeal within 30 days to the District Court. In case no objection is received, the SDM solemnizes the marriage after 30 days of the notice. Both parties along with 2 witnesses are required to be present on the date of registration of marriage who had attested the marriage. It is advisable to submit names of witnesses at least one day in advance.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Dear Sir,

They can marry under special marriage act, the rules are 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.

(3) As soon as the notice has been received by the Marriage Officer a distinctive serial number shall be entered on it and such number and the date of receipt of the notice shall be attested by the signature of the Marriage Officer. If the notice is in the confirmity with the requirements of the Act, it shall be entered in the marriage notice book which shall be

1. Published in Karnataka Gazette part IV I C (ii) 16 dated May 18, 1961 page 1003 to 1010.

http://www.karnataka.gov.in/karigr1/Pages/Special-Marriage-Fees.aspx

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. Both of them can register the marriage under Special Marriage Act in India which is permissible to do between two of them.

2. So both of them can apply for the same and do it which requires not more than one month.

3. This requires the address proof of your cousin of the place wherefrom he is applying for the registration.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

No this is not a problem at all. He need to approach the local marriage registrar office along with KYC document to apply for registration of marriage under special Marriage Act register needs 30 days to go for background check and entertain any objection to the marriage before receiving a marriage certificate on the expiry of 30 days if there is no objection to the marriage register madhesia marriage certificate he can hire an advocate to help him in process.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

They have the to marry under Special marriage Act a notice of Intend to marry can be given in the prescribed form in Bangalore along with the ID proof and affidavit, birth certificate residential proof.

The Registrar will give one month notice verify documents and give a date after one month for marriage on day they present with registrar with the documents and photographs and witness and marriage can be solemnised.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

No there wont be any issue he can give a residential proof of Bangalore.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. They may 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. They are required to submit your intention to get married to the marriage registrar under Special Marriage Act 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.

6. If he is living in Bangalore then he can get married in Bangalore.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Better to marry in Arya Samaj once and obtain a certificate of the marriage there after apply for the registration of the marriage before the Competent Authority. She would not be Indian National unless untill she apply for the same and that would be easy after the marriage.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

1. You can get this marriage registered under special marriage act.

2. You may need to wait for 30 days time to receive the marriage certificate.

3. You may approach me for further legal help.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

They can get married and register their marriage under Foreign marriage act or special marriage act, 1954.

The following are the essential conditions to be fulfilled for the registration of the marriage under Special Marriage Act.

1. Neither party has a spouse Living

2. Neither party is an idiot or lunatic

3. Bridegroom has completed the age of 21 year and the Bride has completed the age of 18 years

4. Both the Bridegroom and Bride are not within the prohibited relationship.

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.

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 Registrrsa in whose District the parties are permanently residing.

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

. 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.

By this process the marriage is deemed to have been solemnized and the marriage officer shall enter the particulars in the marriage certificate book and it will be signed by the partiers to the marriage and Three Witnesses.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Is it a problem that my cousin is born in Tamilnadu and is just living in Bangalore?

He has to produce his ID proof for showing his residence in Bangalore. He can produce even the rental agreement copy to prove this.

The Special Marriage Act was enacted to provide a special form of marriage by any person in India and all Indian nationals in foreign countries irrespective of the religion either party to the marriage may profess.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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