• Marriage

I am from india. i want to marry a girl from peru. while looking for documents and procedure for the marriage i found people saying different things and i cant get all the information in a single place.
i found we need, 
1. Copy of passport (Both the parties)
2. Birth Certificate (Both the parties)
3. copy of Visa (party who is from out of India)
4. Copy of rental agreement where the party resides.
5. Copy of five passport size photographs (both parties)
6. three witnesses.
7. Copy of the identity of the party from India.
8. Copy of the residence proof of the party from India.
9. Martial status certificate ( for both parties)

i want to ask if we need any other documents from both ends, or do we need to inform anyone before submitting the application for marriage. some people told me that a peruvian national (girl) needs to inform her government before getting married. can you please provide me with details that i would need prior to submitting the application.
regards.
Asked 4 years ago in Family Law
Religion: Muslim

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15 Answers

Age proof , residence proof. 3 pics of each. 3 witnesses. Atleast one party stayed at place where apply for marriage.

One month notice period.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello,

These are sufficient documents required to get married under the provisions of the special marriage act.

Apart from these you will require An affidavit by both the parties stating the place and the date of marriage, date of birth, marital status at the time of marriage and nationality.

A fee of Rs. 150/- will be deposited at the time of giving the application.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You will have to get married under the provisions of special Marriage Act. 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.

Other then above-mentioned documents, girl would need to obtain a no objection certificate from her countries Embassy stating that she is willingly agreeing for the marriage.

Also certificate of no impediment or single status would be required.

For any other legal assistance, feel free to contact

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

No you don't have to inform any one else, you both need a affidavit for purpose that you are married before or divorced.

No permission from her government is required under indian law.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

The following information may kindly be read. I think it will helpful to you:

How Can An Indian Get Married To A Foreigner In India?

If the one you cannot live without lives in another country or on another continent that is oceans apart and you can’t wait to unite with them here, in India, read on. While you may think love, compatibility and a feeling of togetherness is all you need to be with your soul mate, the legal process and time involved is also something you may want to consider while planning your union. In India, such a marriage is governed by the provisions of the Special Marriage Act. This act not only deals with marriages between people belonging to different religions but also different caste or backgrounds and hence, marrying a person from another nationality is also governed by the Special Marriage Act. We must also highlight that for an Indian citizen intending to marry outside India; it is the provisions of the Foreign Marriage Act passed in 1969 that apply.

Since the legal age for marriage in India for girls is 18 years and for boys, 21 years, the same rule extends to marriage with a foreign national, even though their country’s domestic law may prescribe a higher or lower age for marriage. The Special Marriage Act, in addition to prescribing the age limit, also mentions degrees of prohibited relationships such as mothers, stepmothers, grandmothers, and stepgrandmothers etc.

The Central Information Commission while highlighting the applicability of the Special Marriage Act has also categorically clarified that if groom and bride belong to different religions or countries, they have to marry under Special Marriage Act, 1954 as they are not permitted to marry under personal marital laws. Some people may not desire to perform marriage as per their religious customs and prefer marriage under Special Marriage Act. There exists a 30-day notice requirement to be given in India if one partner is permanently and the other partner is temporarily residing in India. Marriages between Indian and a foreign national also shall be registered under this Act. If one partner is residing in the foreign country, the ‘Marriage Notice’ form has to be filled by the partner in India and also the partner in the foreign country, which has to be resubmitted by the partner in India to the Registration office.

Documents, Formalities, and Certifications needed

Before solemnizing your marriage, you should ensure that the following documents are ready:

1. Birth certificates (for age proof)

2. A valid visa of more than thirty days for the foreign national

3. A single-status affidavit signed by both parties. In case one of the parties has married previously, the Divorce Decree (for divorcees) or Certificate of Death (for widowed) is necessary.

4. Address proof and passport size photographs

5. Adequate documentary evidence of 30-day residence in India

6. A ‘no-objection’ letter – For instance, if an American citizen wishes to wed in a civil marriage ceremony he may be required to present to the marriage officer a ‘no objection letter’ from the US Embassy or Consulate, as well as proof of termination of any previous marriage if any. Similarly, a citizen of any other foreign country is required to present the no objection letter from the Embassy or Consulate of his/her country. The parties also have to wait at least 30 days from the date of initial application to formalize the marriage so that the marriage officer can publish a notice, which might even include a newspaper publication for giving an opportunity for any objections to the marriage to be voiced.

Is performance of rituals and ceremonies enough?

While we may associate a marriage in India with extensive rituals like walking around the fire, a lot of music and exchanging garlands, the Court has clarified that any couple, whether Indian, NRI, or a foreigner who wants to marry in India has to either perform a religious marriage ceremony or the civil marriage ceremony. Even if the marriage is celebrated under Hindu Marriage Act, Muslim Marriage Act, Christian Marriage Act and for the Parsee Marriage and Divorce Act. Such Religious Marriage Ceremony in India is a legally valid marriage but it needs to be registered compulsorily. For VISA and immigration purposes a Marriage Certificate from Registrar of Marriages is a requirement. Getting your marriage registered may not be enough and you are often required to furnish a registration certificate which acts as adequate proof of valid registration of a marriage. There is no period of expiry for this certificate and a registered marriage, like any other form of marriage is valid until a divorce is obtained.

Succession to Property:

When parties belonging to different nationalities get married in India, the succession is naturally governed by Indian laws. It is the Indian Succession Act that determines the rules applicable for deciding succession. However, if both parties (despite belonging to different nationalities) are Hindus, it is the provisions of the Hindu Succession Act that would apply instead.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Informing the Peruvian Govt is not mandatory to make the marriage validly registered under Special Marriage Act.

So the documents mentioned above is enough to register the marriage on which basis the marriage with our partner can be made within a period of 30 days.

So on the basis of these documents you can apply for the registration of marriage..

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You can get married under provisions of SMA

2) 30 days notice has to be given

3) application form has to be signed by both parties

4) you need the documents mentioned by you

5) after expiry of 30 days marriage can be solemnised

6) you don’t need to inform any one before submitting application for marriage

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1. The above documents are sufficient for getting your marriage solemnised under special marriage required.

2. You will have to file a notice of intended marriage.

3. One of the requirement of getting married under SMA is that either of the parties must have stayed for a minimum period of 30 days within the jurisdiction of the particular Marriage Registrar before whom they intend to make an application.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Sir,

Rather getting confused of the marriage documents, directly approach the marraige registrar office and get the minimum requisite documents .

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

These documents are enough for going to marriage however the register me ask the single certificate from the person who is from outside of India from her embassy but impossible not provide any certificate and an affidavit in this regard should be submitted in the court that both the parties are single and they are at the legitimate age of marriage.

Your marriage will be registered in special Marriage Act

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

One can get marriage in India as per Indian Foreign Marriage Act and stay here. Than you can apply as per Peru marriage.

You can get more information on Ministry of External Affairs site regarding this.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

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.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

All documents are sufficient to getting married

You can get married under the provision of special marriage act 1954

No need to inform anyone even her countries government under indian law

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

Dimple Jain
Advocate, Jodhpur
222 Answers

Not rated

1. You do not need any further document for registering your marriage in India as per special Marriage Act.

2. Some countries stipulate that the applicants shall have to produce matrimonial status certificate which is not required in India.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

The list of documents what you have mentioned are sufficient besides notice to be given for intended marriage by both to the marriage registrar.

Regarding giving information to the Peruvian government by the girl about marriage may be a prevailing law of the land of that country, hence you may ask the girl from Peru to confirm the same.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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