• Marriage between Indian bride and Bangladeshi groom in India

I am an Indian citizen girl. I want to get marry with a Bangladeshi citizen groom (Hindu marriage), who is currently living in Australia with student visa. We want to organize the marriage ceremony in India. I have related questions about that:

1) Which marriage act is appropriate in that case?
2) What documents do we require to register our marriage in India.
3) Will my husband be able to stay in India after marriage for longer duration of time?

Thank you all in advance for your valuable comments and references.
Asked 2 months ago in Family Law from Australia
Religion: Hindu

1. Your marriage would be registered under the provisions of Special Marriage act.

 

2. Documents required are:

Completed application form signed by the parties to the marriage.

 

Documentary evidence of date of birth of both parties, such as a passport, pan card, driving license etc .

 

 An affidavit provided by both parties specifying the date, location and time of marriage. It should also contain information pertaining to the marital status and nationality of both parties.

 

Two passport size photographs of both the parties and one marriage photograph and marriage invite.

 

Two witness with photographs.

 

 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.

 

3. Yes. by virtue of your marriage, he can apply for a spouse dependent visa and can stay in India with you.

 

 

 

Siddharth Jain
Advocate, New Delhi
2996 Answers
33 Consultations

5.0 on 5.0

You need to get the marriage Registered as per special marriage Act. Yes he can. You need to give one month notice and produce documents like address proof, photo id proof etc. You inquire with your applicable marriage sub registrar office.

Prashant Nayak
Advocate, Mumbai
6120 Answers
5 Consultations

4.8 on 5.0

You can get married under provisions of special marriage act 

 

 

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

3) application form has to be filled in by both parties

4) under special marriage act 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 stay in India of the parties for more than 30 days (ration card or report from the concerned SHO)

 

6) your husband can apply for conversion from tourist visa to X visa .two main documents are needed for Tourist to X Visa conversions: 1) Submission of a copy of registered Marriage Certificate. 2) Report from the relevant local police station about marital status, including observations, confirmation of living together, and security clearance.

Ajay Sethi
Advocate, Mumbai
58467 Answers
3534 Consultations

5.0 on 5.0

1. If both are hindu then you can marry as per ceremony and then register under Special marriage Act.

2. Passport , birth certificate Affidavit 

3. Yes on ground of indian spouse he will be able to.obtain visa.

Shubham Jhajharia
Advocate, Ahmedabad
13121 Answers
50 Consultations

5.0 on 5.0

Hi 

You may get married as per Foreign marriage Act. In this case, you have to ask permission from ministry of foreign affairs regarding his stay, marriage arrangement and marriage registration. The signature of Embassy level of his country may be required for authentication of his documents.

Ganesh Singh
Advocate, Delhi
2331 Answers
3 Consultations

4.5 on 5.0

You can approach registrar for solemnisation of marriage under SMA 

 

not aware of any such restrictions for marrying Bangladeshi  boy 

Ajay Sethi
Advocate, Mumbai
58467 Answers
3534 Consultations

5.0 on 5.0

There is no such restriction on marriage with bangladeshi citizen there is no such circular to my notice.

Shubham Jhajharia
Advocate, Ahmedabad
13121 Answers
50 Consultations

5.0 on 5.0

Special marriage act

Both residence proof.

Yes can stay longer

Aveek Bose
Advocate, Kolkata
738 Answers
2 Consultations

4.7 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the groom is a permanent resident of Bangladesh.
  2. As per law, there is no specific law which is excluding the Bangladeshi citizen from other countries, according to which it may be restricted in law.
  3. And the marriage can be consummated in any of the rituals out of any one practice by either of the spouse.
  4. And once you get married to him, he can be in India for longer period.

Sanjay Baniwal
Advocate, South Delhi
3413 Answers
7 Consultations

5.0 on 5.0

If you are citizen of India, then you can register your marriage under Special Marriage Act.
The documents required for registration is as under:
Application form / Notice duly filled and signed by the bride and the groom.
• Documentary evidence of date of birth of both parties (Matriculation Certificate/ Passport/ Birth Certificate).
• Documentary evidence regarding stay in Delhi of one of the parties for more than 30 days (ration card or report from the concerned SHO, Police Station).
• Separate affidavits from bride and groom giving: Date of birth, Present marital status: unmarried/widower/ divorcee, Affirmation that the parties are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act, Citizenship, and Parties intent to marry with each others 
• Passport size photographs of both parties (3 copies each) duly attested by a Gazetted Officer.
• Copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.
• In case of a foreign national, a no objection certificate from the concerned Embassy regarding his / her present status.
• Some countries insist for proof of proceeding of civil marriage & marriageablity certificate of Indian fiancée before granting visa to a foreign national to visit / stay in India for marriage.
• Foreign national who intent to stay in India for long time after marriage should know before marriage about grant of citizenship of India and about profession / tax liability

Mohammed Mujeeb
Advocate, Hyderabad
5502 Answers
3 Consultations

4.5 on 5.0

There is no restriction as such.

Siddharth Jain
Advocate, New Delhi
2996 Answers
33 Consultations

5.0 on 5.0

1. Since citizenship is different I would advise you to get the marriage registered under Special Marriage Act.

2. There after you can perform marriage as per Hindu rites and customs at the place of your choice.

3. There is absolutely no restrictions on marrying a Bangladesh natioanal. 

Devajyoti Barman
Advocate, Kolkata
15739 Answers
218 Consultations

5.0 on 5.0

Hello,

NO there is no restrictions on a bangladeshi citizen in this regard.

Regards.

Swarupananda Neogi
Advocate, Kolkata
917 Answers
2 Consultations

4.8 on 5.0

Dear client, 

No such special permission required, marriage will solemonized under special marriage act.

Yogendra Singh Rajawat
Advocate, Jaipur
8236 Answers
7 Consultations

4.7 on 5.0

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.

 

Since your husband will be on a tourist visa, you have to convert his visa from a tourist visa to a short visit visa (valid for one year). For this you can visit  the Foreigners Regional Registration Office (FRRO).  For this one has to go to Delhi at the following address: The Director (Foreigner), Ministry of Home affairs, Visa Facilitation Centre, Jaisalmer House, 26, Mansingh Road, New Delhi - 110 011. Carry  the original marriage certificate, and both your passports

.  As a note you may be aware that a tourist visa is extendable by 45 days (Max) if an Indian citizen gives an undertaking in writing. The undertaking form is available with them. 
At the FRRO you submit three copies of your marriage certificate, three copies of your passport with the latest proof of residence. All original documents should be carried with you for verification. They will issue a booklet called the residential permit with her extension to stay for one year stamped in it.  In the meanwhile you can intend to apply for the PIO since any foreigner married to Indian citizen is eligible.

 

T Kalaiselvan
Advocate, Vellore
48555 Answers
576 Consultations

5.0 on 5.0

Citizenship of India can be acquired by birth, descent, registration and naturalisation. Indian citizenship by registration can be obtained when the applicant is of Indian origin, or to be married to, or have parents who are, citizens of India

After the marriage with indian wait for seven years before he/she can apply for Indian Citizenship & apply for Indian passport on basis of this acquired Indian citizenship. The best course the Government of India provided for all such cases where Indian citizen marries a foreign national is to provide such foreigner spouse PERSON OF INDIAN ORIGIN CARD (PIO CARD) by virtue of all such benefits accrue to such person :- 1)No visa required for visiting India.

T Kalaiselvan
Advocate, Vellore
48555 Answers
576 Consultations

5.0 on 5.0

1. You can register your marriage as per special Marriage Act in India.

 

2. Both of you shall have to have your indentification proof. You being an Indian shall have to apply for tyhe marriage and a notice for one month shall hjave to be given and the Registrar shal send the notice to the address of both the parties mentioned in the said application. 

 

3. Your husband will be able to stay in India on spouse visa which he shall have to extend periodically. After completion of 7 years of his staying in India, he will be eligible to apply for cotizenship of India.

Krishna Kishore Ganguly
Advocate, Kolkata
21342 Answers
545 Consultations

5.0 on 5.0

1. I have a case where an Australian boy (devotee of ISKON) has married a Bengali girl by registering under Special Marriage Act.

 

2. So, it is not true that you can not marry a Bangladeshi boy.

Krishna Kishore Ganguly
Advocate, Kolkata
21342 Answers
545 Consultations

5.0 on 5.0

Dear Friend,

You may go through the following procedure under Special Marriage Act

Conditions Necessary for A Marriage

The following conditions are necessary:

  1. That neither party has a spouse living at the time of marriage.
  2. That neither party is incapable of giving a valid consent to the marriage due to unsoundness of mind.
  3. That neither party has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children.
  4. That neither party has been subject to recurrent attacks of epilepsy or insanity.
  5. That the bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of marriage.
  6. That the parties are not within the degrees of prohibited relationship. However where a custom governing at least one of the parties permits a marriage between them, such marriage may be solemnized non with standing that they are within the degrees of prohibited relationship as follows:

http://www.helplinelaw.com/family-law/MSMA/solemnization-of-marriage-under-special-marriage-act-1954.html

Netravathi Kalaskar
Advocate, Bangalore
1730 Answers
5 Consultations

5.0 on 5.0

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