• US citizen marrying an Indian citizen during coronavirus

I am a United States Citizen planning to travel to India to marry my fiancé. Because of current coronavirus complications, there is no way for me to stay in the country for more than 30 days to satisfy the Special Marriage Act. My fiancé is Buddhist and I am Christian. I am wondering if there is any way to actually get our marriage certificate from the government while I am there? Or will I have to find a way to make a second trip to see the marriage registrar?

Thank you I’m advance.
Asked 4 years ago in Family Law
Religion: Christian

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7 Answers

Now the notice period of 30 days is no longer mandatory. The time period has been declared as not being mandatory by the courts in India.

Therefore you may come and register the marriage in a single trip.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can't get married in any other form. Only special marriage Act helps you to get married under different nationalities

Prashant Nayak
Advocate, Mumbai
34675 Answers
249 Consultations

1) You can call your fiancée to USA 

 

2) you can get married in USA and register your marriage in USA under provisions of foreign marriage act 

 

3) If you are getting married in India under SMA 30 days stay is required.you can obtain marriage certificate under Tatkal scheme ie within one day 

Delhi has procedure for Tatkal scheme and you can get certificate in one day time 

Ajay Sethi
Advocate, Mumbai
99997 Answers
8163 Consultations

- As per rule, one party of the marriage should be present in India at the time of applying of registration. 

- Hence, if your fiancé is residing in India, then she can apply for the registration of marriage in your absence after taking your details. 

- Further, after accepting the said application , you can come to India for staying 30 days only ,

- Further, you can also register your marriage in US as well under this Act or Foreign marriage Act if fiance is also residing there. 

Mohammed Shahzad
Advocate, Delhi
15859 Answers
243 Consultations

You being a foreign citizen and your fiancee being an Indian, your marriage can be registered nuder the provisions of special marriage act only.

You may have to observe the required formalities to get your marriage registrar under the referred act. 

You cannot claim any exemption for whatever reason you may cite or quote.

The issue is not about the situation but it is about the procedures of law to be complied with. 

T Kalaiselvan
Advocate, Vellore
90198 Answers
2506 Consultations

Dear client, 

If you are NRIs, the 30 day period is mandatory for the registration of your marriage. Please note that various states have enacted laws for compulsory registration of marriage.  While states such as Karnataka and Gujarat provide for a 30 day time limit, they allow late registration on payment of late fees. There may be cases where NRIs are unable to register the marriage due to legitimate reasons within the 30 day limit. The Bill does not envisage redressal for such persons. However, you can write a letter to the concerned state authorities and request them to make an exception during such unprecedented times. 

Thank you.  

Anik Miu
Advocate, Bangalore
11072 Answers
125 Consultations

1. You can not get the marriage certificate from the Government while staying abroad.

 

2.  There is no provision in SMA mandating your stay in India for 30 days post marriage fopr collecting your marriage certificate.

 

3. You can leave India on the same day of your marriage and the concerned marriage certificate can be collected by your wife or any authorised person thereafter.

 

4. Ordinarily, the said certificate is handed over within 7 days after the marriage.

Krishna Kishore Ganguly
Advocate, Kolkata
27736 Answers
726 Consultations

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