• A foreign citizen (Person of Indian Origin) intending to marry an Indian citizen

Hi, 
I'm a person of Indian origin who has lived in India until 2009. I have recently acquired citizenship of a foreign country. I intend to marry an Indian citizen in a few months and will be in India for about 35 days for the wedding. Is it possible to get the marriage registered in India during the period that I'm in India? What documentation is required to registration? Thanks
Asked 4 years ago in Family Law
Religion: Hindu

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19 Answers

You can get married under provisions of special marriage act

2) 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.

4) 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.

5 ) 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)

6) 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.

7) marriage registration certificate would be issued to you

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Hi

1) Yes. You can register your marriage under special marriage act within 35 days of wedding.

2) Procedure:

a) It is required to submit the notice of intended marriage with a marriage registrar in India by the party who resides in India.

b) The notice has to be filed by both the parties to the marriage.

c) The notice of intended marriage can only be given in India if one partner is the permanent resident of India.

d) The notice is required to be published for stipulated 30 days.

e) At the end of the 30 days, the Marriage Registrar is free to register the marriage under Special Marriage Act.

3) The following documents are required :

a) Copy of passport (both the parties)

b) Birth Certificate (both the parties)

c) Copy of visa or OIC / PIO Card as is applicable in your case.

d) Copy of residence proof of Foreigner whilst in india and Indian.

e) Five passport size photographs (both the parties)

f) Three witnesses.

g)A foreign citizen who wishes to register the marriage under special marriage act is required to present a NO OBJECTION LETTER from their embassy or consulate, as well as proof of termination of any previous marriages.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

Hello,

Yes you can get your marriage registered here.

You need the photocopy of your citizenship , valid passport and visa, passport size photo and fill up the form for notice of intended marriage. Your marriage will be completed after 30 days .

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Sir if the marriage is taking place as per hindu customs then same can be registered under hindu Marriage Act.

Also you can solemonise your marriage under special marriage act.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Registration of marriage is a mode of proof of marriage. In India, a marriage can be registered under either of the two Marriage Acts: the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954. In case a marriage between an Indian and a foreign national / PIO is to take place in India, the marriage has to solemnize under the Special Marriage Act of 1954. Generally it is required to file a notice of intended marriage with a Marriage Registrar of your choice in India. 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.

So file an application of marriage before registrar of marriage. If one partner is residing in a foreign country then the partner who is resident in India will have to fill out the “Marriage Notice” collected from the Marriage Registration Office of his/her choice in India and send it to his/her partner in the foreign country who will also have to fill it out. This “Notice” should then be sent back to the partner in India who will have to re-submit it at the Marriage Registration Office. If no objections are received within 30 days from the date of notice of intended marriage, bridegroom and bride should appear before the Marriage Officer within next 60 days after lapse of initial 30 days from such notice along with three witnesses for solemnisation of the Marriage. Marriage Officer after following procedure prescribed under act and rules will solemnise the marriage

Document Required

1. your valid Passport

2. Original Birth Certificate showing parents' names

3. if a fiancé is widowed, the original death certificate of the deceased spouse

4. if divorced, copy of the final divorce decree.

The requirement for this will be your age proof, (Passport, Birth Certificate) your address proof (Passport, Ration Card, PIO card) and Martial status. The best for you both to give one notice for marriage under the Act of 1954 to the Marriage Officer of the District where your partner / you permanently reside in India, after one month notice period marry her in presence of 3 witnesses by the Marriage Officer, get Valid Marriage Certificate from the Marriage Officer.

Ajay N S
Advocate, Ernakulam
3991 Answers
93 Consultations

5.0 on 5.0

There is no problem you can simply marry under Hindu Marriage Act and get your marriage registered in India and later on you can register your marriage in your country of living as well

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

The following documents are required

(Copy of passport (both the parties)

Birth Certificate (both the parties)

Copy of visa (party from outside)

Copy of rental agreement where the party resides.

Five passport size photographs (both the parties)

Three witnesses.

Copy of the identity of the party from India.

Copy of residence proof of the party from India.

A foreign a foreign citizen a foreign citizen who wishes to do a civil marriage ceremony in India may be required to present a NO OBJECTION LETTER from their embassy or consulate, as well as proof of termination of any previous marriages.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Dear Sir

It requires detailed personal counselling. You may send any of your friend for personal counselling with any expert of Kaanoon Website.

You require to satisfy conditions as prescribed under Special Marriage Act.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hi, yes the marraige can be registered at place of marraige before the marriage registrar ...Documents will contain affidavits of blood relation from both sides , marraige photographs and two witnesses from each side

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Hello,

Your marriage will take place as per the provisions of the Special Marriage Act, since you are at present not a citizen of India.

File the notice for intention of the marriage, immediately when you reach India and after 30 days you may get the marriage solemnized.

Get in touch with some local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear client,

You are hindu. On the very next your marriage will registered at municipal office. No big deal.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Your would be wife residing in India shall have to apply before her local Marriage Registrar for registering her marriage with you.

2. For the said purpose, one month's notice shall have to be given which will be displayed in the notice board of the said registrar and also a copy thereof shall be sent to the given address of the proposed bride and the groom.

3. The applicant shall have to submit the identidy and address proof of both the parties with the requisite fees.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Yes it is possible to get the marriage registered in India. Once your social marriage is done, go and get it registered. It should not take more than a day or two.

Documents: Proof of marriage (invitation card, wedding photos, ...), Photograph of you both together, age proof, witnesses (3 nos).

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

5.0 on 5.0

You can issue notice of 8ntended marriage in March and get married in April

2) it should be registered in Bangalore as bride permanent address is in Bangalore and you are PIO from Australia

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

1. Since the fiance is there in India you both on your arrival can give intend to marry notice and completion of 30 days can marry on the date given by marriage registrar before him.

2. It can be done in Bangalore only because for Chennai you or your finance are required a residence proof of Chennai for one month before applying for notice.

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.

So Banglore would be the correct place.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can register either in Bangalore or Chennai.

For the Notice of intended marriage, your presence is not required. So you can have it signed and ask your folks to file it and later when you are here go and get it registered.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

5.0 on 5.0

1. yes you can

2. Yes

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. You can issue notice on 01.03.2018 for marrying on any day after 30 days s it suits you.

2. Your marriage can be registered in any city/town having jurisdiction on the pl;ace where you or she stays where provided you or your fiancee can submit adress proof evidencing that she or you stay at that place.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Better you will register the marriage in Bangalore .

If one partner is residing in a foreign country then the partner who is resident in India will have to fill out the “Marriage Notice”  collected from the Marriage Registration Office of his/her choice in India and send it to his/her partner in the foreign country who will also have to fill it out. This “Notice” should then be sent back to the partner in India who will have to re-submit it at the Marriage Registration Office. 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.

Ajay N S
Advocate, Ernakulam
3991 Answers
93 Consultations

5.0 on 5.0

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