• US Citizen getting married in India

Hello, please assist. 

I am a US Citizen, born and baptized in India. I have affixed my marriage for February in Karnataka. I am getting married as a Christian. I would like to know the specific steps I need to complete, also I would like to know if there is a minimum amount of days I must stay in India after the marriage.
Asked 2 years ago in Family Law
Religion: Christian

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7 Answers

You may get your marriage solemnised in India as per Christian religious rites and caste customs, however being an USA citizen, it is mandatory that your marriage with an Indian has to be  registered under Special marriage act only following the procedures meant for it. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

You can get married in India under provisions of special marriage act 

 

2) 30 days notice of intended marriage has to be given by parties 

 

3)

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.

4) 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.

5) 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)

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

If you are getting married under special marriage act you need to be in india for 30 days. Under under Acts rules are different. 

If you need any further assistance.You can approach me through Kaanoon or LinkedIn.

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

- You can register your marriage under the Special marriage Act in India. 

- If one of the parties is residing in India, then the application can be moved in your absence after taking all the details. 

- Further, when 30 days time will be given for appearing before the marriage registrar ,then you can come to India for getting the same registered. 

- Further, now there is provision of Tatkal marriage as well,

Procedure for Marriage Registration: 

➣The parties have to file a Notice of Intended Marriage after making an application in the office of the Marriage Registrar. Such notice can be given by the party who is residing in India. 

➣They can apply in the city/district, in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given. 

➣The Notice of Marriage will be published by the Marriage Registrar by affixing it in the notice board, for inviting objection if any. 

➣If any person has an objection to the marriage, then that person can raise objection within 30 days from the date of publication of Notice. 

➣If there is no objection, then after the expiration of 30 days from the date of publication of Notice, the marriage may be solemnized. 

➣The marriage can be solemnized at any place in the same district and even at the specified marriage registrar office. 

➣Both the parties of the Marriage along with three witnesses are required to be present before the Marriage Registrar on the date of registration/solemnization of marriage. 

When the marriage is solemnized then the Marriage officer will issue a Marriage Certificate after entering in a register, and after taking the signature of both the parties and three witnesses. This Marriage Certificate is a legal proof of marriage.

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

Dear Querist

As per section 5 of Indian Christian Marriage Act-

5. Persons by whom marriages may be solemnized —
Marriages may be solemnized in India—
(1) by any person who has received episcopal ordination, provided that the marriage be
solemnized according to the rules, rites, ceremonies and customs of the Church of which he is a
Minister;
(2) by any Clergyman of the Church of Scotland, provided that such marriage be solemnized
according to the rules, rites, ceremonies and customs of the Church of Scotland;
(3) by any Minister of Religion licensed under this Act to solemnize marriages;
(4) by, or in the presence of, a Marriage Registrar appointed under this Act;
(5) by any person licensed under this Act to grant certificates of marriage between Indian
Christians.

 

there is no minimum time required for staying in India after marriage.

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Dear client, 

The procedure for an American citizen (or any non-Indian) to get married in India depends on whether the parties wish to participate in a religious ceremony or a civil ceremony. If the government asks you for a “no objection letter”, you can satisfy this request by making an affidavit at your local U.S. Embassy/Consulate regarding your marital status and eligibility to marry. Affidavit fees and appointments are required. Individuals of different religions should register the marriage under the Special Marriage Act, even if a religious ceremony has also been performed. This may also require a “no objection letter”, as well as proof of termination of any previous marriages. 

Thank you. 

Anik Miu
Advocate, Bangalore
8882 Answers
110 Consultations

4.7 on 5.0

1. You shall have to contact the Church where you shall solemnise your marriage.

 

2. Your said marriage will have to be registered and such registration of marriages are ordinarily arranged by the Church itself.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

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