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