Special marriage Act will not be applicable to you as both the national needs to be Indian in case of marriage outside India. You need to get married as per foreign marriage Act
Indian marrying Pakistani in South Korea
I live in USA, (Indian citizenship) want to marry a Pakistani who lives in South Korea under special marriage act. I am hindu and he is muslim and none of us want to change our religion. We want to do registration in South Korea. I have contacted the Indian embassy in seoul for reuired documents. They mentioned about getting NOC. However I know that special marriage act doesn't require NOC. My questions are: 1. What kind of documents I will need to prepare and how can I prepare them? 2. Marriage registration process will be easier in south korea or in India? 3. If we decide to register marriage from India then what preparation we need to do? 4. Is it possible for him to get married in India on tourist visa?
Asked 5 years ago in Family Law
Religion: Hindu
14 Answers
You can get married in India on tourist visa for bride
2)
for marriage under provisions of SMA file a notice of intended marriage with a Marriage Registrar in city wherein you have your residence . That notice is required to be published for the stipulated 30 days. At the end of the 30 days the Marriage Registrar is free to perform the marriage.
The notice of intended marriage can only be given in India, if at least one partner is permanently and the other partner temporarily resident in India.
After the stipulated waiting period of 30 days the marriage can take place in India. Under the Special Marriage Act, 1954 a 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.
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)
3) if you want to marry in South Korea register your marriage with Indian embassy u der provisions of foreign marriage act
1. Since you want to get your marriage solemnized through Indian embassy in South Korea under special marriage act, you shall be informed about all the formal documents and other formalities that you are required to comply with by the authorities at the office of embassy.
2. It would be easier in South Korea.
3. You may have to observe the lengthy procedure that are meant to be followed up for this purpose in India to get your marriage registered under special marriage act.
4. Yes.
You can perform marriage in India under Foreign Marriage Act. If you have residence in India then you need to come in India 1 month before of marriage registration.
Rest of the laws are same like special marriage act only for registration process for few documents Foreign marriage act will be base, as your fiancee is Pakistani.
Do let me know if you require further help on it.
1. NOC is not required in India it might be required in korea.
2. India
3. Get married in India and it will be easily registered.
4. Yes
1. Documents required would be:
A valid passport for both parties
Original birth certificate for both parties
Certificate of Single Status or no impediment indicating that you’ve not been married before.
Letters of no objection obtained through both the party's home country’s embassy stating that you both have willingly consent to the marriage.
Death Certificate or divorce paper if you’ve been previously married or widowed
Passport sized photographs
2. South Korea, as it will be very difficult for your spouse to get a visa to visit India before your marriage.
3. Hire a lawyer in the place where you are planning to get married and he will sort out the rest. Proof of Residency and Address in India for at least 30 days would be required if you're planning to get your marriage registered in India. The documentation required would be more or less the same.
4. Yes
- Yes , you can marriage under the Special Marriage Act, as this provides a special form of marriage for the people of India and all Indian nationals in foreign countries, irrespective of the religion or faith followed by either party.
- Further , the marriage performed under the Special Marriage Act,is a civil contract and accordingly, there need no rites or ceremonial requirements.
1. The parties have to file a Notice of Intended Marriage in the specified form to the Marriage Registrar 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.
- After the expiration of thirty days from the date on which notice of an intended marriage has been published, the marriage may be solemnised, unless it has been objected to by any person.
- Further the conditions of marriage are:
A. Each party involved should have no other subsisting valid marriage.
B. The groom must be at least 21 years old; the bride must be at least 18 years old.
C. The parties should be competent in regard to their mental capacity to the extent that they are able to give valid consent for the marriage.
2. If you both are residing in South Korea , then it will be easy there .
3. As above
4. Yes.
Age and address proof with 3 witness only. No NOC require.
Marrige will solemonized under foreign marrige act and govern by special marrige act.
Solemonized at Indian Embassy. They will provide you form to fill and require documents.
In India, you face deadly due to his Pakistani residential status. So try at Indian embassy.
1. Once there is inter nationality marriage NOC is compulsory even in registration under Special Marriage Act.
2. In India it would be much easier.
3. You need to follow the requirements of law. There is no precaution mentioned by the Act to be taken . If both of you fulfil the age and marital status criteria you can register the marriage.
4. Yes.
Dear Sir,
You are suggested to ask the concerned authority regarding the required documents, however, the necessary documents will be identity proof, resident and nationality proof, passport, visa etc. The process in India will be cumbersome being her Pakistani national and the tourist visa will not solve the purpose.
your marriage certificate will be recognized in India even if you marry in the SK. However, if at all you are an india citizen, you will have to inform the Indian authorities that you were LEGALLY married in the Sk otherwise, the certificate will be null and void.
If he is a Pakistani then he has to come to India and then you have to file before the registrar of special marriages. He has to come and present himself.
Yes he will gave to marry you by coming on a tourist Visa.
Documents needed are ID proof photos and passport.
1. NOC may be required as per laws of south Korea because you are getting married there.
2. You need to make an affidavit that you are not married till date and if married then you are divorced and orders are attached.
3. Registration of marriage will be easy in India because of your citizenship.
4. You both need to stay in India for 30 days prior to marriage registration and one of you need to make application for registration on first day.
5. Yes.
1. It will be easier for you to get married in India under Special Marriage Act.
2. You shall have to arrive in India one month before the marriage date fixed by you and file an application before the Marriage Registrar who will issue one months notice and serve a copy of the notice to your address given in the application.
3. You shall have to provide the address proof of your Indian address. along with photographsof both of you. His address proof also will be required.
4. He can come to India on tourist Visa before the date of the registration of the marriage and appear before the Registrar to append his signature on the Register after few days of which the certificate of marriage will be issued to you.
