• Marriage of two foreigners

Hi Sir,
I have an Australian passport and i am working in restricted area in Afghanistan, this means i can not go outside of Red wire and finalize my marriage process in Afghanistan. so i decided to ask my selected women for marriage to travel to New Delhi and i will meet her there then we register our marriage in New Delhi and get our certificate. 
None of us will stay in India then, she will go back to Afghanistan i will continue working in my duty till i organize to get her visa for Australia and take her with me.
I hope you instruct me how it works and what i should do?
I really appreciate your Help and your time.

Regards
Hanif Rahimi
Asked 4 years ago in Family Law
Religion: Muslim

2 answers received in 30 minutes.

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12 Answers

Dear client,

For marriage in India, you have to give one month notice of intended marriage to marriage officer and 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.

This is 2 to 2.5 months process.

After notice of intended marriage can return to Afghanistan and return on marriage date.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. This proposition comes under the Special Marriage Act.

2. To marry, one of the conditions is either the bride or groom should have lived for minimum 30 days in India, say New Delhi.

3. Police will issue a certificate for having lived in the particular place, which will enable you to get married under the Special Marriage Act.

4. To accomplish the marriage, it is necessary that either you or your fiancee has to live for atleast 30 days in the place where you want to marry.

Shashidhar S. Sastry
Advocate, Bangalore
4167 Answers
258 Consultations

5.0 on 5.0

As per shariah law you can perform marriage any were, even you can perform online through skype or with any other communications, if you are a Australian citizen then later you can registered your marriage as per Australian special marriage act.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Under special Marriage Act you cannot get certificate in one day.

You need to produce your residential documents in India how registering your marriage in India and it needs 30 days to get your marriage registered after completion of all the formalities.

The better advice could be that you would have travel to UAE & and solemnize your marriage there only.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

See since you don't have time you cannot marry under special marriage act so best thing to do would be marry under Muslim law with qazi in India and get marriage registered under the marriage registration act.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. You shall have to register your marriage as per the Act of the country you belong to or the country where you are currently residing and marrying.

2. You can not marry in India since you are not an Indian but an Australian.

3. So, you two shall have to marry either where you belong to or where you are presently residing.

4. If you two can not visit Australia for registering your marriage, then both of you can take permission to go out of your restricted area with adequate security arrangement and visit Australian Consulate to register your marriage as per the law of Australia or register your marriage before the court of Afghanistan.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

You can get married under provisions of special marriage act in India notice of intended marriage has to be given

3) That notice is required to be published for the stipulated 30 days. At the end of the 30 days the Marriage Registrar is free to perform the marriage.

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.

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.

The following documents are required for both the partners:

a valid Passport

original Birth Certificate showing parents' names

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

If divorced, copy of the final decree

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
87911 Answers
6207 Consultations

5.0 on 5.0

if you hope to live in Australia after your marriage then better follow Australian marriage laws. The right to marry in Australia is no longer determined by sex or gender.

You please do understand that Indian laws are made for indian citizens or one of the partner must be an Indian . 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.Many foreigners who get married in India choose to have a wedding ceremony but forego the legal part, which they carry out in their own country. This is a lot easier and less stressful! to a foreigner.

Ajay N S
Advocate, Ernakulam
3990 Answers
93 Consultations

5.0 on 5.0

If you want to get married in India the marriage will be solemnized under the special Marriage Act wearing you would have to give an intended notice of at least 30 days.

Therefore, 30 day stay of either girl or boy is required if you want to get married in India. One day marriage cannot be done and if done would not be valid.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Hello,

this can not be done.

To marry in India, one of the spouse has to be a resident of India.

Also you have to show atleast 60 days of residence in Delhi.

It can not be the case, that you come to Delhi, get married and fly back.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You have to perform marriage in India as per

The Foreign Marriage Act, 1969 and get registered.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

You being a foreign passport holder and she a foreigner herself, you may not be able to get your marriage solemnised in India until you have an address in India.

If you're a foreigner who's dreamed of getting married in India, you may be disappointed to know that it's a lengthy and time consuming process to do it legally. You should be prepared to spend around 60 days in India

Under the Special marriage 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.

Foreigners can marry in India provide they fulfill the required terms and conditions to get married. Take some legal help or visit the office of marriage registrar in your area to know conditions and documentation required.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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