• Marriage to foreign national

My fiance is a Portuguese citizen. We intent to get married in India, and would like a thorough understanding of the process- when would his presence be needed in India and the procedure to get registered.
Asked 6 years ago in Family Law
Religion: Christian

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22 Answers

You can marry under provisions of special marriage act 

 

Notice of intended marriage has to be signed by both parties

2) your fiancée can forward papers to you for your signature

3) have it attested and return the papers to your fiancée

Documents needed for marriage in India between an Indian and foreigner:

birth certificate

Passport

You will need a visa for more than 30 days

Proof of address

Certificate of No Impediment/Single Status Affidavit

Passport sized photographs

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

See for marrying in India your fiance can come to India , you both can file intend to marriage notice under Special marriage act with the registrar of the marriage in the area you are staying.

After notice is filed they will give a date after one month for marriage and a date for document verification

Both will need birth certificate  passport address proof and photograph as documents.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can get the marriage registered under special marriage Act. You need to show her presence before the registration before one months registration in India. Presence of one of spouse is necessary for notice of one month. 

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

Yes presence is required for given date on marriage and to file intent notice.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

- Marrying a person from another nationality is governed by the Special Marriage Act, in India.

- As per this Act,the following documents are needed :

1.Proof of Residency and Address in India for at least 30 days prior to the application, for at least one of the parties

2. A valid passport for both parties

3. Original birth certificate for both parties

4. Visa for staying at least 30 days, indicating your length of stay

5. Certificate of No Impediment/Single Status stating that you’re not already married

6. No Objection Letters stating that you willingly consent to the marriage, obtained through your home country’s embassy

7. Divorce Papers or Death Certificate if you’ve been previously married and divorced or widowed

8. Passport sized photographs

- At the registry office, you’will have to sign three copies of notice of intended marriage, and confirm your names and addresses to the registrar.

- If no one objects within the 30 day period before your wedding day, you can be legally married, again at the registrar.

- Further, three witnesses should present at the time of registeration .

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Presence not necessary at time of filing of intent of marriage but he has to be present on the given date after a month 

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

- Both of you shall have to be present in India at the time of filing the marriage documentation.

- The file shall be submitted to MEA at Delhi post-marriage and other legal hurdles are over at state.

 

Regards

 

Vivek Arya

 

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

You can marry under foreign marriage act and stay 1 month before registration of marriage in the India.

 

If you marry with her in GOA , i think there same Portuguese law is applicable.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. The marriage can be registered in India under Special Marriage Act.

2. The process to finish the registration of marriage takes one month time .

3. It requires proof of address, age and marital status.

4. At the time of application physical presence is no required but after one month on the date of registration physical presence of both of you is mandatory. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Not mandatory, one party should be availabe at the time of submiting intent of marriage , 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Your case falls under Special Marriage Act

Following are the documents required:

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 bengaluru 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 other's

 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 and marriageability 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
19325 Answers
32 Consultations

the parties have to appear before the Registrar along with their parents or guardians or other witnesses within one month from the date of marriage.


the parties have to appear before the Registrar along with their parents or guardians or other witnesses within one month from the date of marriage.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Yes, his presence will be required at the stage of filing the notice of intended marriage too. A copy of his passport and visa will have to be furnished, beside separate affidavits from bride and groom giving- date of birth, present marital status.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

The registration of marriage will done according to foreign marriage act in India. 

For that you both have to serve notice for intended marriage to registrar of marriage 30 days before the date of marriage registration.

Documents needed for registration of marriage are

Birth certificate of both bride and groom.

Passport of foreigner along with visa.

Address proof of both

Affidavit of single status 

Yes he have to be present in India Atleast 30 days prior to date of marriage. 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. Both of you are free to marry under SMA.

2. A 30 day residency requirement has to be fulfilled, which means that either the bride or the groom has to be living in India for at least 30 days prior to filing the application to get married. For foreigners, this is evidenced by a certificate from the local police station or Copy of C Form or FRRO Registration copy accordingly.

3. You are required to submit your intention to get married to the marriage registrar along with the residence certificate (i.e. proof of residence), certified copies of passports and birth certificates, and two passport sized photographs and few affidavits each.

4. If no objections to the marriage are received within 30 days of the filing of the application, a civil ceremony at the marriage registrar's office can then take place. Three witnesses are required, who have to provide passport sized photographs, as well as identification and proof of address. The marriage certificate is usually issued a couple of weeks after the wedding.

5. All she has to do right now is to come with her original Certificates on a Tourist Visa and post registration of Marriage convert it into "X" Visa.

6. She has to be personally present at the time of filing the application.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Madam,

Since the legal age for marriage in India for girls is 18 years and for boys, 21 years, the same rule extends to marriage with a foreign national, even though their country’s domestic law may prescribe a higher or lower age for marriage. The Special Marriage Act, in addition to prescribing the age limit, also mentions degrees of prohibited relationships such as mothers, stepmothers, grandmothers, and stepgrandmothers etc.

The Central Information Commission while highlighting the applicability of the Special Marriage Act has also categorically clarified that if groom and bride belong to different religions or countries, they have to marry under Special Marriage Act, 1954 as they are not permitted to marry under personal marital laws. Some people may not desire to perform marriage as per their religious customs and prefer marriage under Special Marriage Act. There exists a 30-day notice requirement to be given in India if one partner is permanently and the other partner is temporarily residing in India. Marriages between Indian and a foreign national also shall be registered under this Act. If one partner is residing in the foreign country, the ‘Marriage Notice’ form has to be filled by the partner in India and also the partner in the foreign country, which has to be resubmitted by the partner in India to the Registration office.

 

Documents, Formalities, and Certifications needed

Before solemnizing your marriage, you should ensure that the following documents are ready:

  1. Birth certificates (for age proof)
  2. A valid visa of more than thirty days for the foreign national
  3. A single-status affidavit signed by both parties. In case one of the parties has married previously, the Divorce Decree (for divorcees) or Certificate of Death (for widowed) is necessary.
  4. Address proof and passport size photographs
  5. Adequate documentary evidence of 30-day residence in India
  6. A ‘no-objection’ letter – For instance, if an American citizen wishes to wed in a civil marriage ceremony he may be required to present to the marriage officer a ‘no objection letter’ from the US Embassy or Consulate, as well as proof of termination of any previous marriage if any. Similarly, a citizen of any other foreign country is required to present the no objection letter from the Embassy or Consulate of his/her country. The parties also have to wait at least 30 days from the date of initial application to formalize the marriage so that the marriage officer can publish a notice, which might even include a newspaper publication for giving an opportunity for any objections to the marriage to be voiced.

Is performance of rituals and ceremonies enough?

While we may associate a marriage in India with extensive rituals like walking around the fire, a lot of music and exchanging garlands, the Court has clarified that any couple, whether Indian, NRI, or a foreigner who wants to marry in India has to either perform a religious marriage ceremony or the civil marriage ceremony. Even if the marriage is celebrated under Hindu Marriage Act, Muslim Marriage Act, Christian Marriage Act and for the Parsee Marriage and Divorce Act. Such Religious Marriage Ceremony in India is a legally valid marriage but it needs to be registered compulsorily. For VISA and immigration purposes a Marriage Certificate from Registrar of Marriages is a requirement. Getting your marriage registered may not be enough and you are often required to furnish a registration certificate which acts as adequate proof of valid registration of a marriage. There is no period of expiry for this certificate and a registered marriage, like any other form of marriage is valid until a divorce is obtained.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

You will have to get married under the provisions of the special marriage act.

Both the parties will have to show a residence of 30 days in India and there after you will have to apply before the registrar of the marriage 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Yes both the parties will have to be present 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You can marry her as per the special marriage act.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

She has to be present at the time of marriage. You have to be residing at that place for the past 30 days before the date of marriage.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

For getting marriage with an Indian in India you should firstly apply for a tourist visa as the entire procedure will take time.

All marriage to foreigner has to solemnized under the Special Marriage Act of 1954. --

First you both should jointly fill up the Intent to marry form. For this your age proof, (Passport, Birth Certificate) your address proof ( Passport, Ration Card, Voters Identity card) and Martial status details required.-- If any one of the spouse is divorced then the divorce decree along with the judgement copy has to be submitted.      AND further ,If the divorce decree is in any other language other then English get it translated and attested by    your consulate/embassy. --

Passport size photographs are also to be pasted on this notice. --

All the documents has to be photocopied at the time of submission, photocopies has to be notarized. 

You have   to pay a nominal sum as fees for which a receipt is given.--

Then after two weeks  visit the Marriage Registrars office in Delhi or the area where your future husband is    residing for the actual date of marriage.-- 

On the final date of marriage you both should carry all your original documents ready so that the Marriage    Registrar himself can verify. --

After verification of the documents the Registrar will give a date for the marriage.  The date of marriage will be   stamped on the back of the receipt. 

You can choose your date of marriage minimum one month from the date of   submission of the form to maximum three months.--

For the marriage there should be three witnesses.

All witness should have their passport size photographs ( 3   copies) along with proof of residence.

No need to carry the witness from your country.---

You should also carry 3 nos of passport size photographs.--- 

The marriage itself is solemnized in front of the marriage Registrar where in the  husband and wife has to take   the oath.  --

The marriage certificate will be issued only after 15 days and the said marriage certificate will contain    photographs of you and your husband and also the photographs of the witness.

 Hence, the documents required are:-*

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.

There is a 30 days cooling period after the forms are filled and submitted to the registrars office.

If there is no objection during this period, the marriage can take place.Witness: Three witness are required who have to provide passport sized photographs, as well as identification and proof of address. 

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

Yes, you may see the procedures as mentioned in my previous post in this regard which may be  complied properly.


Yes, you may see the procedures as mentioned in my previous post in this regard which may be  complied properly.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

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