• Registration after 30 days notice publication

Hello,

I am confused now and that is why I write to you.

I am Canadian and I came to India to register my marriage to an Indian woman under the Special Marriage Act. We went to the registrar already and we received approval to publish our intent to marry. We are waiting for 30 days before registering it.

I am in India now and I have already submitted my NOC from the Canadian embassy. Someone told us that in order to register the marriage, I would need a non-objection certificate from the police where I currently stay too. I went to the local police station in India but they redirected me to the commissioner office.

My research did not produce any result concerning that document but I don't want to put registration at risk.

Thank you for your help.
Asked 4 years ago in Family Law
Religion: Christian

2 answers received in 10 minutes.

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22 Answers

Documents required in case of foreign national:

 

  • A copy of passport and visa

  • A certificate of NOC or marital status certificate from the concerned embassy

  • One of the parties should produce documentary evidence regarding stay in India for 30 or more days (proof of residence or report from the concerned SHO)

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Dear Sir, 

 

For registration of marriage there is no need to obtain the NOC from the Police. I think you have received the false information. 

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

No such document require. What is the role of police in marriage. No NOC require, who ever advise you this is idiot.

And whatever documents are require, will intimate in marriage form.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

- As per Special Marraige Act, if one of the parties of the marriage is foreign national , then Documentary evidence regarding stay in India of one of the parties for more than thirty days (Proof of residence or report from the concerned Station House Officer (SHO)).

- If, the woman of intended marriage is already Indian and having proof of residence in her support, then NOC from Police not required.  

- Since, you have aready compeleted other requirement , then you will not face any difficulty for registeration of marriage . 

 

Good luck and dont forget to rating Positivlely.

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

Police verification certificate is being issued at commissioner office. Check online as I recall a post that such services has been automated.

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Hello, 

You do not have to produce any such document. since you are a Canadian you will just need NOC from the Canadian Embassy. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

If you have Indian Embassy NOC why current police noc you will be require for marriage certificate.

 

Whether they may want to check any criminal or terrorist background. If you're free from all those things. 

 

Whom did you asked all these questions, a marriage officer or someone else.


Kindly ask them specific reason behind it and why they have not informed you earlier.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

No such requirement of obtaining NOC from police is there  under special marriage act

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Permission from Police not required. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

No you don't need any NOC from police to get your marriage registered under Special Marriage act.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

See no NOC from police as such is required for marriage under special marriage act you can engage a local advocate who undertakes this activity and he shall guide and complete the process of marriage.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

I don't think you require the same in special marriage Act. You can file an RTI application and get the same in 48 hrs stating urgency

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1. You must send a written application through post to the Commissioner Office to seek NOC.

2. If they delay the NOC then a writ petition may be filed by you in the jurisdictional High Court to direct the Police Commissioner to decide your application for the issuance of NOC without any delay and in a time bound manner.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If your fiancé is Indian citizen and she  is resident of India, it is enough.  She can submit two photo IDs of her showing her residential proof.

You can submit copy of your passport.

Police intervention is not necessary for marriage, but, for back ground check it is required.

The documents submitted by your are sufficient.

Take two witnesses with their photo IDs

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Actually for this purpose you should have made an entry with the local police where you are residing adn to obtain a certificate at the end of 30 days from the same police that you have been residing in the said address for 30 days which is a mandatory requirement.

Even now you can get one, if the po9lice is directing you to approach commissioner of police for this, you can very well approach the commissioner's office and get the task completed at ease.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

You dont get confused over the multiple responses.

Nothing prevents you from approaching the marriage registrar's office and get the list of requirements that are to be complied with and procedural formalities to procure those requirements.

You may better approach the nearest marriage registrar's office and get the details immediately instead of wasting your time by making enquiries from various forums like this.

 

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

See there are state amendments and notification to this effect though there is no central legislation on this but in case in state if it is requirement then you have to engage an advocate specialised in marriage under the ACt he shall get you NOC and guide you procedure.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

better approach before jurisdictional registration office. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can do as aforesaid

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

If marriage registrar is insisting on NOC from police and your local lawyer says it is necessary then you would not be able to register your marriage in absence of NOC from

police 

 

visut the commissioner of police office personally in this regard 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Why don`t you and verify from registrar, Why NOC is require ? What is the use of NOC ?

OK i got it, this is not NOC but For foreigners, this is evidenced by a certificate from the local police station that living in India for at least 30 days prior to applying to the local registry office to get married.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Issue a notice to the marriage officer to quote the provisions under which such NOC from police is required. 

If marriage officer denies to register the marriage without Noc file writ in high court seeking directions to the marriage officer to this effect. 

There shall be no other option available to you except filing of writ. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

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