Hindu marriage act doesnt apply here, there is nothing to worry also
I want to marry a Bangladeshi lady. She came in Kolkata in 2006 as a student of Rabindra Bharati University with valid passport and visa. But she did not renewed her passport, visa after 2016. She is holding valid Aadhaar and PAN card asল any foreigner can apply for the same. I am in relation with her since January 2018. We thought that we can register our marriage with Aadhaar and PAN card. But registrer told us that it is not possible since validity of her passport, visa are already expired. But date is already fixed on 18 November and arrangements are done. What will happen if we just perform hindu marriage now and apply for renewal in concerned offices? Will it be accepted as legal marriag? When will we be able to registry our marriag? Please advice.
Hindu marriage act doesnt apply here, there is nothing to worry also
Lady can apply for renewal of her passport u der Tatkal scheme in Bangladesh
2) she would get her passport in couple of days
3) for marriage with foreigner it has to be done under provisions of special marriage act
4) 30 days notice is required to be given
5) if both are Hindus you can marry as per traditional hindu Vedic rites and ceremonies
Dear Sir,
The inter-national marriage between an Indian and foreigner can be solemnised in India under the Special Marriage Act, 1954 or in any foreign country under the Foreign Marriage Act,1969.
The terms and conditions for civil marriage are simple, the total number of witnesses required is 3 and the Marriage Officer is the Deputy Commissioner of the District where the Indian citizen lives in India or one of the High Official of the Indian high Commission in the foreign country. One month prior notice for marriage need to be given by both parties and after one month the marriage is solemnised in presence of witnesses and registered by the Marriage Officer/Registrar of Marriages. A valid marriage certificate issued to the parties which valid proof of valid marriage.
Marrying a Bangladeshi as such should not be problem but her getting long term Visa to stay in India after marriage will always be a matter of concern. The reason is that Bangladesh is not in the category of friend countries to India.
See you can do a Hindu marriage same shall be valid but in case her visa is expired it can lead issues in renewal and her return to India as presently she is illegally staying in India.
You can register marriage after there proper visa with her as in case of foreign national valid visa vs required.
At present she is illegal migrant. Ask her to any how renew her visa or apply for citizenship by registration. Citizenship presently now possible as she is illegal migrant without visa. First visa than apply for it. Or can marry but first visa.
she came legally in India but stayed even after her visa expired and hence she may be deported if found. Aadhar and PAN are illegal. I don't know how she got them. An illegal immigrant is not entitled to such privileges.
What you can do is tell her to go back and then go there and marry her.
This marriage cannot be registered as long as you tell the truth.
Regards
Both should be hindus for hindu marriage Act. You can get married under special marriage Act
Thanks to all for their kind suggestions. Request you all to clarify on the below mentioned points. 1. Shall I be held guilty for marrying her in Hindu custom knowing that presently she is staying in India with expired passport and visa? 2. She has decided to apply for renewal of passport and visa to resolve this legal crisis. She has already contacted Bangladesh High Commission officials regarding the issue as they personally know her. Mentioned well wisher officials has informed her that she might be deported back to Bangladesh as her student life is already completed and she does not have any special reason for staying in India now. If she goes back then it may take a lot of time to comeback. Is marraiage is already fixed is not a valid reason for staying here in India? 3. If marriage is not a valid/sufficient reason, then what can be a sufficient reason for staying in India? Request to all to suggest the way out so that she can stay in India with me after Hindu marriage and complete the legal renewal process and complete marriage registration process once the matter is settled. Moreover, please confirm whether we can registry our marriage with Aadhaar, PAN and proof of application of renewal of passport and visa? Please guide as the time is too short as the date is fixed on 18 November and we are totally perplexed.
Marriage is independent of valid visa or other legal documents.
Apply for extension of visa and passport stating the reasons for such extension.
After marriage she can apply for Indian citizenship subject to fulfillment of some condition.
You are unnecessarily confused. Take seven steps by both of you jointly before the scared fire. With this the marriage becomes complete and binding upon each other. Take some photographs of the saptpadi as a proof of the marriage.
1) you have not mentioned whether girl you are marrying is Hindu or not
2) for valid marriage both parties have to be Hindus
3) if both are Hindus you can marry as per Vedic Hindu rites and customs
4)get passport renewed and then get married
1.no you won't be held guilty for marriage.
2.See she can enter on temporary visa , you both can marry and she can apply for a permanent visa.
3.Marriage is valid and sufficient ground for visa though after marriage.
See firstly it is better she applies for renewable. After there is valid visa only you can register the marriage.
Not guilty but that marriage wont be valid. Customary marriage not valid with non Indian but only court marriage, customs can only be follow pre or post registration.
First she will be deported, than can come again for another student visa. Adhaar , pan has no value. Renew her VISA.
- Yes, you can marry as per Hindu custom , becuase a valid passport is needed at the time of registeration of marriage.
- After getting the passport renewal , you can register your marriage , after producing the marriage certificate of customer marriage.
- No, you will not held guilty for her staying in India , becuase she came to India on student visa , and not illegally , her fault is only the renewal of passport .
- After marraige , she would become an Indian citizen,
- No, without passport she cannot marriage with you in India, and fixing marriage date is not a valid reason.
- Nothing can be a valid reason for staying in India, until she gets renewed her passport.
- Once she will get renewed her passport , she can stay in India on the ground of marriage with Indian husband.
Thanks for the kind suggestions. Please confirm if she can apply for renewal of passport and visa staying with me in India after hindu marriage or she has to return back to Bangladesh? My concern is that if she goes back it may take long time to comeback again. What should she write in her application for renewal as main reason?
Her passport has expired
she should in her application for renewal mention details of her earlier passport
she can apply for renewal with Bangladesh embassy in India
if they refuse then she has to go back to her country and apply for renewal of passport
You can even marry a criminal. Police may come and stop the marriage. But if marriage is done that shall remain valid.
You get married first. Then complete her legal requirements. Everything takes its own time.
Send her back after marriage. Let her renew her passport. Then apply for visa and citizenship of India.
See has to return back as her visa is expired also she can be deported and can be banned.
See for reasons in application of visa meet visa consultant.
- Yes, she should move an application before Bangladeshi consulate to renew her passport on an urgent basis , and after getting the renewal , she can request the home ministry office based in Calcutta , for an extention of visa for 30 days , after stating the marriage registeration.
Dont forget to rating Positively.
She being a foreigner you can register the marriage under the provisions of foreign marriage act or under special marriage act only.
The proposed marriage with her under Hindu religious rites or customs can be considered as a formal function in this regard and cannot be considered as legally valid marriage.
You may have to undergo the process or procedures as laid down in law for this purpose.
Before that you may ask her to renew the passport and then visa, her aadhar card or any other Indian identity cards will not be of any use to you to register your marriage under the provisions of special marriage act, because the requirements or the documents to be produced for this registration are different to that of what you possess.
1. No, this is just a a formal function and not recognised as legally valid marriage since you are marrying a foreigner and your marriage unless not registered under the special marriage act, cannot be considered as legally valid marriage.
2. No, this is not a legally valid marriage, hence she may have to go back and apply for tourist visa to come India for completing the marriage formalities as per law.
3. First of all you cannot register the marriage under Hindu marriage act.
You may have to undergo the process and procedures as laid down in the special marriage act to get your marriage registered and recognition for a legally valid status.
Instead of wasting your time relying upon invalid subjects, you may better follow the procedures as per law which will be more easier, convenient and more effective including less time consuming.
She cannot renew her passport or extend her visa based on the Hindu marriage you both have entered into, she has to follow the procedures as per law in this regard.
She has to return to Bangladesh and complete the formalities for renewal of he passport and then apply for visit visa to come back to India to get your marriage registered under special marriage act.
Dont try any short cut because the law is very strict and stringent these days especially after the implementation of NRC rules and you may land in trouble if you adopt any illegal method to get your task achieved by any means.
She have to return back. Ask her to apply for renewal now otherwise she will be extradited. Than visa may not issue.
Dear Sir,
Well sure.. That Bangldeshi girl should come in India with a tourist visa. You can marry her even if she is muslim , under special marriage act . You can even visit Arya samaj for the marriage . After your marriage is registered , you have to apply a X Visa ( Resident Visa like Green Card ) for her . It will gives her 6 years residential visa. After 6 years you have to extend it. After living 11 years in India , she will get Indian nationality. Usually it takes very less time than 11 years. Any child born from you and your wife in India will became automatically Indian citizen.
Now with a Indian husband and Indian kids, she will get nationality in very very short time.. I would recommend you to go for it.