1. You can marry under the Special Marriage Act before the registrar.

2. There is a 30 day residency requirement, which means that either the bride or the groom has to be living in India for at least 30 days prior to applying to the local registrar 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. All she has to do is to come with her original Certificates on a Tourist Visa and post registration of Marriage convert it into "X" Visa.

4. If no objections to the marriage are received within 30 days of the application, a civil ceremony at the registry 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.

Your marriage will be registered under special marriage act before the marriage court. There is a set procedure by which both of you need to apply before the court for marriage. Contact a local lawyer or an marriage agent.

the proposed spouse shall come to India on a tourist visa, The tourist visa should have validity for atleast for 3 months since the entire procedure takes that much time. To apply for a tourist visa for 3 months , you should give an invitation letter, a scanned copy of your PAN card and return ticket valid for 90 days.

Next step shall be to visit the office of the Marriage registrar in your jurisdiction. All marriages with a foreigner has to solemnized under the Special Marriage Act of 1954. The form for intent to marry to be filled up jointly. The requirement for this will be your age proof, (Passport, Birth Certificate) your address proof ( Passport, Ration Card, Voters Identity card) and Martial status. If any one of the spouse is divorced then the divorce decree along with the judgement copy has to be submitted. If the divorce decree is in any other language other then English get it translated and attested by the counsulate/embassy. Passport size photographs are also to be pasted on this notice. All the documents have to be photocopied at the time of submission, photocopies are 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 Registrar's office for the actual date of marriage. At this time have 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 also say that you will show all the original documents on the day of the marriage. 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 itself you have to have three witnesses. All witness should have their passport size photographs ( 3 copies) along with proof of residence. You should also carry 3 nos of passport size photographs. The marriage shall be solemnized in front of the marriage registrar where in the husband and wife have to take the oath. The marriage certificate will be issued only after 15 days. The marriage certificate will contain the photographs both the spouses and also the photographs of the witness.

Since the wife is on a tourist visa, it is to converted into short visa from a tourist visa (valid for one year). For this visit the Foreigners Regional Registration Office (FRRO). The FRRO in your home town or jurisdiction have no authority to convert a tourist visa to any other form of visa. 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. She should carry the original marriage certificate, and both passports. A fresh visa application form has to be submitted. After that they will issue a sealed envelope to be submitted at the FRRO (your home jurisdition) for processing the Short Visit Visa there. Please note 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 submit three copies of marriage certificate, three copies of passports with the latest electricity bill as proof of residence. All original documents to be carried for verification. They will issue a booklet called the residential permit with extension to stay for one year stamped in it.

For this you have to contact Marriage Officer at your district. Both the parties intended to marry may give notice in the prescribed form to the marriage officer of your district in which at least one of the parties to the marriage has been residing for a period of not less than thirty days immediately preceding the date on which such notice is given.

Though the validity of the notice period is three months, but the marriage can be solemnized after removing the objections, if any after 30 days from the date of notice period. Three witnesses are required who will sign the declaration in the prescribe form.

Foreign marriages act

section 4 Conditions relating to solemnization of foreign marriages.—A marriage between parties one of whom at least is a citizen of India may be solemnized under this Act by or before a Marriage Officer in a foreign country, if, at the time of the marriage, the following conditions are fulfilled, namely:—

(a) neither party has a spouse living,

(b) neither party is an idiot or a lunatic,

(c) the bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of the marriage, and

(d) the parties are not within the degrees of prohibited relationship: Provided that where the personal law or a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degree of prohibited relationship.

5. Notice of intended marriage.—When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the First Schedule 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 thirty days immediately preceding the date on which such notice is given, and the notice shall state that the party has so resided.

6. Marriage Notice Book.—The Marriage Officer shall keep all notices given under section 5 with the records of his office and shall also forthwith enter a true copy of every such notice in a book prescribed for that purpose, to be called the "Marriage Notice Book", and such book shall be open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same.

7. Publication of notice.—Where a notice under section 5 is given to the Marriage Officer, he shall cause it to be published—

(a) in his own office, by affixing a copy thereof to a conspicuous place, and

(b) in India and in the country or countries in which the parties are ordinarily resident, in the prescribed manner.

section 8 Objection to marriage.—

(1) Any person may, before the expiration of thirty days from the date of publication of the notice under section 7, object to the marriage on the ground that it would contravene one or more of the conditions specified in section 4

section 9 Solemnization of marriage where no objection made.—If no objection is made within the period specified in section 8 to an intended marriage, then, on the expiry of that period, the marriage may be solemnized.

section 12 Declaration by parties and witnesses.—Before the marriage is solemnized, the parties and three witnesses shall, in presence of the Marriage Officer, sign a declaration in the form specified in the Second Schedule, and the declaration shall be countersigned by the Marriage Officer.

Registration of foreign marriages.—

(1) Where—

(a) a Marriage Officer is satisfied that a marriage has been duly solemnized in a foreign country in accordance with the law of that country between parties of whom one atleast was a citizen of India; and

(b) a party to the marriage informs the Marriage Officer in writing that he or she desires the marriage to be registered under the section, the Marriage Officer may, upon payment of the prescribed fee, register the marriage.

(2) No marriage shall be registered under this section unless at the time of registration it satisfies the conditions mentioned in section 4.

1. Visit the jurisdictional Sub-Registrar' Office of your place and the Sub Registrar will also be a Marriage Officer.

2. Any person, irrespective of religion can marry under the Special Marriage Act, 1954.

3. Marriage between two persons belonging to different castes are performed under the Special Marriage Act,1954.

4. Since the marriage under Special Marriage Act, 1954 is a civil contract, there is no need for requirement of rites or ceremonies.

5. In the specified form, the parties have to file a Notice of Intended Marriage to the Marriage Registrar of the jurisdiction in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given.

6. On the expiry of 30 days from the date on which notice of an intended marriage has been published, the marriage may be solemnized at the specified office of the Marriage Registrar, unless it has been objected to by any person.

7. The marriage becomes binding on the parties when the parties state that they accept the other spouse as their lawful wife or husband in the presence of marriage officer and 3 witnesses.

8. There should be no other subsisting valid marriage and each party should be monogamous.

9 The bridegroom must be at least 21 years old and the bride must be at least 18 years old.

10. The parties should be competent with regard to their mental capacity to the extent that they are able to give valid consent for the marriage.

11. The parties should not fall within the degree of prohibited relationship, like brother & sister, first cousin, etc..

A marriage in India is required to be registered in most of the cases. The state governments have or are planning to make the registration of marriage compulsory in all the cases. A marriage certificate is also required in most cases for visa purposes.

All marriages with a foreigner has to solemnized under the Special Marriage Act of 1954. But one month of the notice for the registration of such marriage has to be given and after no objection to registration raised, than only marriage is registered under the Act of 1954.

Additional documents to be presented to the Indian authorities are usually:

• your valid Passport

• original Birth Certificate showing both your parents' names

• if a fiancé is widowed, the original death certificate of the deceased spouse

• if divorced, copy of the final divorce decree.

The requirement for this will be your age proof, (Passport, Birth Certificate) your address proof (Passport, Ration Card, Voters Identity card) and Martial status. The best for you both to give one notice for marriage under the Act of 1954 to the Marriage Officer of the District where you permanently reside in India, after one month notice period marry her in presence of 3 witnesses by the Marriage Officer, get Valid Marriage Certificate from the Marriage Officer

The Foreign Marriage Act, 1969 is also relating to marriages of citizens of India outside of India. For the purposes of this Act, the Central Government may, by notification in the Official Gazette, appoint such of its diplomatic or consular officers (an ambassador, envoy, minister, high commissioner, commissioner, charge d’ affaires or other diplomatic representative or a counsellor or secretary of an embassy, legation or high commission.) as it may think fit to be Marriage Officers for any foreign country.

Solemnized the marriage as per religious rites and rituals or apply before marriage registrar for the marriage solemnization along with all the I'd and address proof of both the parties.

If either of you is Indian then you can register the marriage inin the place of your residence under special marriage act.

Wherever you get married you can get your marriage registered. You need to find which registrar of marriage has the jurisdiction to register you marriage and then make an application and give 30 days notice then they will give you a date.

Regds,

Adv. Payal