• Marrying a European girl in Hyderabad - is her presence required while intend submission?

Well ours is a Special marriage act ' I am an Indian Citizen living India for ever and my Fiancee is a Polish citizen and Scotland resident. We are planning to get married in January/February 2019 in Hyderabad. I understand the 30 days Notice period and stuff. I have few questions

 1. While submitting the intend to marriage, Is it required to have the NOC or a written cover letter from my fiancee from Scotland/Poland?) If yes please tell us the process
 
 What documents are required while on the Day of intend of marriage and what documents are required on the Day of registration of marriage??
 
 2. I understand that the Intend of marriage can be put by me. But what are the documents needed from my fiancee's side in this submission / What documents she should sent me?
 
 3.. Well I reside with my family at a home that we newly purchased. I don't have the new address printed on my documents. Is the notice sent on the given address?

 4. Do i need to make any affidavit from the Court ?

 5. Can I sent her the Intend letter by EMAIL? And she post me back ??

 6 . How many witnesses are requisite for the marriage registration and there documents types?
 
 7. The COPY documents that my fiancee would sent me, had that to be notarized? If yes , from where?

 
 
 
 

 Excerpts : I went to the local area registrar one day and he told me both parties presence is required.... Whereas this is redundant as One party presence is valid for Intend .

 
Please help me if there are any Open-mined registrars officers that can cater us in Hyderabad 
Your advice will be appreciated .

Shaik Ismail
Asked 4 years ago in Family Law
Religion: Other

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22 Answers

1. To get marriage registered under Special Marriage Act, no NOC is required form each of the prospective spouses.

2. Age proof, address proof and declaration on her marital status is required. The Marriage Registrar mat guide further document to be required.

3. No notice would be sent to your address. Only public notice would be sent to your

4.Yes

5. No.

6. Two

7. yes

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Notice of intended marriage has to be signed by both parties

2) notice is not sent on the address mentioned by you

3) you can send the notice to her by post to her for her signature

4) 3 witnesses are required on date of solemnisation of marriage

5) documents sent by your wife have to be attested by the consulate

6) identity proof and address proof of parties is required

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1. Sir the NOC from the parents is not required.

2. Copy of passport, birth certificate, if married earlier then copy of divorce , photographs.

3. Yes the notice is pasted in the registrar of marriage office and sent on given address,

4.Affidavit from the Notary

5. The notice need to be signed by both the parties.

6. Three witness are required,

7. Attested from the consulate.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

Notice of the intend to marriage has to be signed by both the parties and there is no alternative to the same.

You may obtain her signature by sending her the notice by post.

you will required 3 witnesses.

All the documents of your wife have to be attested by the consulate.

yes an affidavit will also be required, with the declaration as specified in the act.

Notice is not sent on any address, just the same is pasted in the office of the registrar.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

A foreigner who lives and works in India can get married to an Indian citizen. Under the Special Marriage Act of 1954, it is clearly stated that at least one of the potential couple must have stayed in India for a period of 30days before applying to get married.

The documentation required to get married in India will depend on the type of wedding you’re going to have. At a minimum, you’ll need the following documents in advance of your wedding day:

Proof of Residency and Address in India for at least 30 days prior to the application, for at least one of the parties

A valid passport for both parties

Original birth certificate for both parties

Visa or Ration Card for any foreign parties involved in the marriage that will last longer than 30 days, indicating your length of stay

Certificate of No Impediment/Single Status stating that you’re not already married

No Objection Letters stating that you willingly consent to the marriage, obtained through your home country’s embassy

Divorce Papers or Death Certificate if you’ve been previously married and divorced or widowed

Passport sized photographs

If you’re a foreigner marrying an Indian citizen, you’ll also need to visit a lawyer to create an affidavit confirming that you’re a willing party to the marriage. This is in the absence of the presence of parents who are there to ‘give you away.’

At the registry office, you’ll then sign three copies of your notice of intended marriage, and confirm your names and addresses to the registrar. If no one objects within the 30 day period before your wedding day, you can be legally married, again at the registrar. You’ll need three witnesses present, and several copies of the passports and proofs of address for all of your witnesses.

To obtain your marriage certificate, you should visit the local marriage registrar’s office which is generally in a court or municipal building. There’s a 30-day waiting period after your wedding, and then you can obtain your certificate which counts as legal proof that you’re married. In total, you should expect to spend at least 60 days in India, between both 30-day waiting periods before and after your wedding.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. Without the presence of both parties the application will not be entertained. The voyage to find 'open minded registrars' will be long drawn with an uncertain result.

2. She has to obtain a certificate from the local police station or Copy of C Form or FRRO Registration copy accordingly to vouch that she has been residing in India for 30 days immediately preceding the date on which the application is filed.

3. The documents that she'll require are: copy of passport and visa page, copy of your passport and other documents that prove you are an Indian and proof of residence. She'll also need passport sized photos.

4. The notice has to be sent on the present address.

5. 2 witnesses are required.

6.cEngage a local lawyer.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. In addition, evidence of eligibility to be married is usually required. Anyone who hasn’t been married should obtain a single status affidavit (in the US), a Certificate of No Impediment (in the UK), or Certificate of No Record (in Australia). If you’re divorced, you’ll need to produce the Decree Absolute, or if you’re widowed, a copy of the death certificate. You will be required to submit NOC from the concerned embassy also in addition to the above.

2. The documents that are required to be submitted are:

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)

3. Yes, the notice will be served on the given address.

4. Not necessary,

5.. Yes.

6. Three witnesses, with their residential identity proofs

7. It can be self attested.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

1. Passport birth certificate one other ID proof.

2.your stay in India is valid for notice her stay of 30 days prior to notice not required.

3. Noc from polish embassy is required as polish national she is.

4. Sir you can give address of place that is mentioned in all your ID there won't be any issue.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) she needs to carry her passport , certifcate of her single status 

 

2) since she is polish national NOC should be from polish embassy 

 

30 you need residence proof of new address . open bank accouunt , change your aadhar card address to newly bought house etc 

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1. A NoC from the embassy, her ID, her Visa and passport

2. No 

3. Yes

4. Upload the prove which has the name of your parent 

 

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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)

 

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

1.  She would be required to prroduce the NOC from Polish embassy

 

 

2.  There is no provision in law to provide you single status certificate, you may have to approach the revenue department within your jurisdiction to give a certificate stating that you are unmarried on the basis of the verification carried out by them in your native.  It is not mandatory on their part to furnish such certificates, but it depednds  on the discretion of the concerned authority.

If this step fails then you may get an affidavit prepared in the presnece of witnesses and notarised by a local notary public affirming that you are unmarried or single, this may come to your rescue.

 

 

 

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

single status certificate from polish embassy should suffice 

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1. The single certificate is sufficient. No further NOC is  required.

 

2. In India you donot require single certificate you just have to give affidavit for same,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. She will require a NOC also. 

2. A Certificate of bachelorhood/single-status/eligibility to get married can be issued by a competent court having jurisdiction of the area of the residential address of the applicant. This can be in the form of a declaratory order for which a suit has to be filed before the appropriate court for the specific purpose which is required to be counter-attested by the Home Department of the State concerned. Thereafter, it is to be attested/apostilled by the Attestation Section of the Consular, Passport & Visa (CPV) Division of the Ministry of External Affairs, New Delhi.

 

regards 

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You require presence of Witnesses at time of solemnisation together with the identification documents 

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1. No witness are required at time of solemnisation of marriage at time of the intend to notice you won't require the witness. 

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The witnesses with their documentray proofs of their individual identities are required to be produced before the marriage officer at the time of solemnisation of the mariage under special marriage act.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

you will require the witness at the time of marriage solemnization.

Also, signature will be required in the documents  

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. Days prior to marriage as notice intend to marriage has be given and till the date of marriage.

2. Marriage certificate can obtained by one party. Husband can obtain. After week or two the certificate is ready.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

30 days visa is for convenience to solemnise the marriage without any problem.

 

The certificate will be ready on the next day of registration hence you both can be present to obtain the same in person.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

prior 30 days visa should suffice 

 

2) presence of both parties is required to collect marriage registration certificate 

 

3)it should not take more than a week to obtain RC 

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

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