• Court marriage

Hi, I'll be getting married soon this year. I wish to do court marriage before religious ceremony to start my visa process. Marriage will take place in Ghaziabad UP. I'm a UK national of Indian origin and my fiancee is Indian national but resident in Hungary. Both are single and never married. Hindu by religion. 

1. Could you pls brief me on the process of marriage like where & how to give notice? 

2. What documents are needed?

3. Once 30 days have lapsed for Notice, do we need to arrange an appointment or we will be given a particular date for marriage?

4. If our presence is necessary to give notice ? Otherwise our parents give notice & we travel later.

5. Do we receive marriage certificate same day or when?

thanks
Asked 7 years ago in Family Law
Religion: Hindu

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12 Answers

In case a marriage between an Indian and a foreign national is to take place in India, generally its required to file a notice of intended marriage with a Marriage Registrar .. 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.

2) 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.

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. This Certificate is required as proof of the marriage and when applying for a visa to for a foreign country.

3) The following documents are required for both the partners:

a valid Passport

original Birth Certificate showing parents' names

documentary evidence regarding stay in India of the parties for more than 30 days (ration card or report from the concerned SHO)

 

4) you would not receive marriage certificate same day 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

For registration, marriage must have been solemnized under Hindu customs or non-customary and the bride & groom must be Hindus, Buddhist or Sikhs. Further, any of the following premises should fall within the jurisdiction of the Registering Officer: Residence of bride, residence of bridegroom or Solemnization place.

 

Documents Required:

Completely filled application form signed by both husband and wife
Proof of Address- Voter ID/ Ration Card/ Passport, Driving License
Proof of Date of Birth of both husband and wife
2 passport sized photographs, 1 marriage photograph
Separate Marriage Affidavits in prescribed format from Husband & Wife
Aadhaar Card
All documents must be self attested.
Marriage Invitation Card.

 

Intended notice is not required if the marriage has been solemnized before the date of application.

You do not need to be there to book an appointment,  but presence of both the parties is mandatory during registration procedure.

You'll get the marriage certificate within a week or two.

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

The marriage between the NRI and foreign citizen can be done under the Special Marriage Act, 1954 in the district/city where either of them is living for at least for 1 month at the time of giving notice for marriage to the Marriage Officer of the district.

Marriage Officer is the deputy commissioner of the district or its subordinate.

The marriage is solemnised by the Marriage Officer in presence of only 3 witnesses and registered after 1 month of notice period. Valid Marriage Certificate is issued as proof of marriage to parties .

Proof of age, address, unmarried status will be required for parties to marriage and identity proof for 3 witnesses who are known to parties and attend the marriage and its registration.


The procedure for an NRI for marriage registration.

 


1) All NRI marriages solemnised in India would need to be registered within seven days else their passports and visas would not be issued, the Ministry of Women and Child Development has decided this lately.

2) In case a marriage between an Indian and a foreign national is to take place in India, generally its 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.

3) 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.

4) 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. This Certificate is required as proof of the marriage and when applying for a visa to for a foreign country.

5) 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 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1.  Sir firstly any one of you need to stay in India for more then one month then at that place you need to give a notice for intend to marriage to Registrar of marriage under Special marriage act.

The registrar shall verify the documents as the birth certificate ID and take affidavit and shall give a date after one month from.date of notice for solemnisation of marriage.

On the prescribed day you can go with your fiancee and 3 witness and photograph for marriage.

 

2. Birth certificate ,passport, any other ID photograph.

3. Date shall be given.

4. Your Presence is necessary.

5. You will receive certificate after a week of solemnisation of marriage.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Any of you, who has evidence of his/her adrees in India as we call it address proof, shall have to give notice of 30 days for the marriage.

 

2. The age proof, address proof and ID proof will be reuired for both the parties.

 

3. You shall fix the date on any day after the notice period of 30 days.

 

4. The presence of one of the parties i.e. either the bride or the groom is required for signing the application for marriage before the Registrar.

 

5. Mostly no. You shall receive on the next date or with in next 2/3 days from the Registrar..

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Dear Sir 

Just ask any advocate of City where you wish to marry to get full prodedure and documents required from the office of Marriage Registrar and please follow the same.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1)For marrying under Special Marriage Act, an application for solemnization of marriage needs to be submitted with the concerned marriage sub-registrar. At the time of submission of Application form, a notice of intended marriage is issued by the sub -registrar. There has to be a mandatory gap of 30 days from the date on which notice of intended marriage is issued and solemnization of marriage.

2) Mandatory documents need to be submitted along with Application form

Address Proof

Date of Birth Proof

Affidavit stating the matrimonial status of parties and the parties are not within prohibited relationship.

No Objection Certificate from the Embassy mentioning that there is no legal impediment in the solemnization of marriage among the parties and this is a mandatory requirement.Details of 3 witnesses and copy of their Pan Card. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Address proof, photo id proof and affidavit. They will give you a date after notice. One person is enough for notice. Same day you need to apply in urgent.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

hello

        for registration, you have to approach the marriage registrar.

  • Duly filled form in three copies.
  • Three photographs of the bride.
  • Three photographs of the groom.
  • Age certificate of the bride and the groom.
  • An affidavit on a stamp paper of Rs. 10.00 by both the bride & the groom.
  • A court fee of Rs.50.00 in the form of stamps.

Procedure

Submit the application in the prescribed form, along with the necessary documents as mentioned above, in the court of the Marriage Officer (Addl. District Magistrate, Collectorate). The Court will verify all the declarations of the parties and shall solemnize the marriage in the presence of three witnesses, after 30 days of and before three months from the date of submission of application in the Court. The Marriage Certificate will be issued after the marriage.

regards


I must add that in case you get married before, the certificate can be obtained on the same day you submit all the details and form.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

 Hi sir 

I would like to informyou that in  case both the spouses are of Hindu religion, go to a Arya samaj Mandir and obtain a certificate after getting married as per the Hindu marriage.

You will be needing your Aadhaar Card, 10th Marksheet and One Residence proof for the same and the registration can be done in 1-2 days Maximum and will be handed over the certificate there and then. You don have to wait for 30 days.

Yes your presence will be required atleast once when you go to collect the certificate.

As far as the notice is concerned no notice is required to be given if its a Hindu marriage but in case of a special marriage it is required. 

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

Dear Client,

30 days pre notice period, either party must have stay for 30 days.

Address, age proof. 3 witnesses and 3 passport photo each.

Date will be given on apply.

Presence necessary.

Either in one or 2 day. Hire local lawyer.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

COURT MARRIAGE OF AN INDIAN AND A FOREIGN NATIONAL

 A marriage between parties one of whom at least is a citizen of India may be solemnized under Special Marriage Act, in India before a Marriage Registrar in India or a Marriage Officer in a foreign country.

 ELIGIBILITY CRITERIA:

 At least one of the parties should be an Indian citizen.

 The bride groom must be 21 years of age; the bride must be 18 years of age.

 Neither party has a spouse living,

Neither party is an idiot or a lunatic,

The parties are not within the degrees of prohibited relationship.Each party involved should not have any other subsisting valid marriage.

 DOCUMENTS REQUIRED:

 Application form duly signed by both the parties.

Documentary evidence of date of birth of parties.

Copy of Passport of both the parties with valid Visa.

 Residential Proof of both the parties.

 Documentary evidence regarding stay at district in India of one of the parties for more than 30 days (Proof of stay or report from the concerned SHO).

 N.O.C. or Marital Status certificate from the concerned embassy or Consulate in India by a foreigner partner.

 Death certificate or divorce decree whichever is applicable, in case one of the parties had any marriages in the past.

 The parties to the marriage shall give notice in writing in the form specified, 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 30 days immediately preceding the date on which such notice is given, and the notice shall state that the party has so resided.All the documents are verified at the Office of Marriage Registrar. The law of other nation shall not be in conflict with Indian laws. The notice is then published inviting objection to the marriage, if any. If no objection is made, then, on the expiry of the notice publishing period, the marriage may be solemnized. The marriage shall be solemnized in the presence of at least three witnesses. Further the Marriage Certificate is entered and is granted by the Marriage Registrar finally.

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. 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. Upon receipt of an application signed by both the parties to the marriage for the registration, the Marriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objection and after hearing any objection received within that period, shall, if satisfied that all the conditions are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the prescribed form and such certificate shall be signed by the parties to the marriage and by three witnesses. 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 for register the marriage 1.             A valid Passport2.             original Birth Certificate showing parents' names3.             if the person concerned is widowed, the original death certificate of the deceased spouse4.             If divorced, copy of the final decree5.             documentary evidence regarding stay in India of the parties for more than 30 days (ration card or report from the concerned SHO) For the clause 5 create a rent agreement soon for period of not less than 30 days prior to filing application  

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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