• Marriage with foreign national

The case is as follows, A boy, a Indian National, holding Indian Passport and living in USA, of aged 34 years. A girl , a Chinese National, holding Chinese Passport, of aged 30 years. Both want to marry. Both had education in USA and doing job in USA. My query is that, how to register their marriage in India in Maharashtra.
Asked 10 months ago in Family Law from Aurangabad, Maharashtra
Religion: Hindu

1) You may registered marriage as per Indian Foreign Marriage Act in the Maharashtra.

And a girl need to stay atleast 1 month here in India before registration of marriage.

Ganesh Kadam
Advocate, Pune
7120 Answers
61 Consultations

4.9 on 5.0

you can get married under provisions of SMA

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

3) 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.

4)you need following documents

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 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)

Ajay Sethi
Advocate, Mumbai
65543 Answers
3967 Consultations

5.0 on 5.0

Hello,

You can get married under the provisions of the Foreign Marriage Act in USA itself.

You may go through the relevant provisions of the act at the following link:

http://www.india-eu-migration.eu/media/legalmodule/Foreign%20Marriage%20Act%201969.pdf

Regards

Anilesh Tewari
Advocate, New Delhi
16761 Answers
254 Consultations

5.0 on 5.0

Sir the marriage can be registered and solemnised under special marriage act. Under special marriage act any party has to give a residence proof at place in maharastra and intend to marriage notice has to be given to the marriage registrar. then after intend to marriage the registrar shall give one month time for marriage date.

Further the documents required are birth certificate , passport of partner, affidavit and photographs.

Shubham Jhajharia
Advocate, Ahmedabad
18317 Answers
71 Consultations

5.0 on 5.0

Dear Client,

Either you can marry her at Indian Consulate, USA or if wants to marry in India than have to apply here in India at marriage registrar office, one month noitce period, 3 witness, passport size photos, I`d,age, residence proofs etc.

Better apply at Indian Consulate, US.

In both case, marriage will govern by Special Marriage Act.

Yogendra Singh Rajawat
Advocate, Jaipur
12325 Answers
13 Consultations

4.6 on 5.0

There is no provision of registering the marriage in Maharashtara, though the marriage under the Foreign marriage act will be a valid marriage.

Regards

Anilesh Tewari
Advocate, New Delhi
16761 Answers
254 Consultations

5.0 on 5.0

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. For foreigners, this is evidenced by a certificate from the local police station.

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 – no objection letter from the Embassy or Consulate of 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.

Mohammed Mujeeb
Advocate, Hyderabad
9394 Answers
3 Consultations

4.5 on 5.0

Dear Querist,

Thank you for your query and providing a concise background.

Since it is not clear whether both the parties are Hindus (including Buddhist), The following procedure pertains to the secular law in place, that is, under the Special Marriage Act 1954. The registration of a marriage vary from state to state. As I understand, you wish to know the procedure of registration in Maharashtra. The same is as follows:

1. In the event where marriage is yet to happen:

a. The Marriage Registrar (the person authorised to register the marriages) has to be notified a month(30 days_ in advance. The purpose of the notice is that if anyone has any objections to the same, they can come forward and record their objections before the said Marriage Registrar.

b.In the event of no objections, after the passage of a 30 days, but before the next 3 months, the marriage ceremony or Court marriage before the Registrar, needs to be carried out.

c. After the marriage ceremony, the marriage would be registered in the Marriage Registrar's book.

2. In the event marriage has already been solemnised, All the above steps except the Step (a).

Documents to be provided:

Age proof documents(any one of the following) 1]Birth Certifiate .2]School leaving certificate 3]Bonafide certificate 4]Driving license 5]Domisile Certificate 6]SSC Marksheet.(Please bring original of the above at the time of notice)

B) Residence proof documents(any one of the following) 1]Election card.2]Electricity bill 3]Governments Employers ID 4]Registered Leave and license documents 5]Passport 6]Ration card 7]Society certificate 8]Telephone bill 9]Company allotment letter.(Please bring original of the above at the time of notice)

Since you mentioned that both the parties are living outside of India, so they would need to show that have stayed atleast 30 days in Maharashtra in order to register their marriage.

I hope this assists.

Tanmeet Singh
Advocate, New Delhi
10 Answers

Not rated

Where do you wish to get married? In India or in USA?

Based on your reply, you need to follow the procedure laid down either in the Special Marriage Act or the Foreign Marriage Act.

Vibhanshu Srivastava
Advocate, New Delhi
8392 Answers
129 Consultations

5.0 on 5.0

Duplicate Mary in USA and get your marriage registered in USA on the basis of marriage solemnized in USA and register you have to apply in marriage registrar office of the Mumbai on the basis of marriage certificate issued by the USA government your marriage will be registered in special Marriage Act as one of the partner is foreigner

Vimlesh Prasad Mishra
Advocate, Lucknow
5376 Answers
16 Consultations

4.9 on 5.0

You need to get married by special Marriage Act but for that they need to stay in India for some time. You can also get married through foreign marriage act outside India.

Prashant Nayak
Advocate, Mumbai
11738 Answers
18 Consultations

4.8 on 5.0

Both can get married under the provisions of special Marriage Act.

Parties who intend to get married under the Special marriage Act shall give a notice in writing in the specified form to the Marriage Officer of the district in which 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.

Siddharth Jain
Advocate, New Delhi
4630 Answers
50 Consultations

5.0 on 5.0

However, 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.

Before the marriage is solemnized the parties and three witnesses shall sign a declaration.

Siddharth Jain
Advocate, New Delhi
4630 Answers
50 Consultations

5.0 on 5.0

Dear Querist

personal presence of both the parties are mandatory.

NOC from her Embassy will be required.

if both of you are residing in USA then apply the marriage application before Consulate who has power to solemnized your marriage and issue marriage registration certificate which can be endorsed in Maharashtra.

Feel free to Call

Nadeem Qureshi
Advocate, New Delhi
5304 Answers
256 Consultations

4.9 on 5.0

If they want to get married and their marriage registered in India, then they may have to follow the procedures as laid down in the Special marriage act.

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. For foreigners, this is evidenced by a certificate from the local police station.

You’ll need to submit your own documents to prove your identity.

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.

If no objections to the marriage are received within 30 days of the application, a civil ceremony at the registry 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.

T Kalaiselvan
Advocate, Vellore
55388 Answers
674 Consultations

5.0 on 5.0

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