• Special Marriage Act of India

If I am a US citizen and my fiancé is citizen of Mumbai India. I live in US and he lives in Mumbai, can we get married under the Special Marriage Act? 

If so, what documents are required, and what is the process?
Asked 4 years ago in Family Law
Religion: Other

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9 Answers

You can get married under provisions of special marriage act 

 

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

 

3) The requirement for this will be your age proof, (Passport, Birth Certificate) your address proof ( Passport, Ration Card, Voters Identity card) and Martial status.

Ajay Sethi
Advocate, Mumbai
99985 Answers
8162 Consultations

You have to apply for visa to visit USA on basis of your marriage certificate 

Ajay Sethi
Advocate, Mumbai
99985 Answers
8162 Consultations

He needs to obtain a US visa first. If you are on H1B, he may apply for a spouse visa. In the prevailing pandemic scenario, no specific timeframe can be given.

Swaminathan Neelakantan
Advocate, Coimbatore
3080 Answers
20 Consultations

Your fiance has to register the required details at the Registration website of the Maharashtra Govt., pay fees, upload photographs & documents to prove address, age etc. After 30 days after registration, both you and your fiance have to appear before the marriage officer (Sub-Registrar) under whose jurisdiction your fiance resides, produce the original documents along with witnesses, and get your marriage solemnized. Since you are a foreign national, you have to produce your documents  attested (apostilled) by the US federal official

Muraleedharan R
Advocate, Trivandrum
386 Answers
2 Consultations

- When one of the parties of the intending marriage is Indian Citizen and other a Foreign Citizen, then marriage will be performed under the Special Marriage Act, and they can directly apply in the office of the Marriage Registrar for performance & Registration of marriage, and grant of marriage certificate.

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.

documents Required for Registration of Marriage:

➤The Notice signed by both the parties

➤Receipt of fees paid along with the Notice

➤Proof of residence of both the parties

➤Proof of date of birth of both the parties, like birth certificate, educational certificate, passport etc.

➤Affidavit of both the parties

➤Copy of Passport of both the parties with valid Visa of the foreign national

➤Two passport size photograph of both the parties.

➤Documentary proof of staying more than 30 days in India of the foreign national.

➤No objection Certificate or marital status certificate from the concerned embassy or consulate in India by the foreign national.

➤Death certificate or Divorce papers, in case earlier marriage.

➤Proof of residence and identity of all the three witnesses.

- you can apply for getting visa .

Mohammed Shahzad
Advocate, Delhi
15852 Answers
243 Consultations

Yes you can get married. Some forms need to be filled along with address proof and identity proof. Also both should stay in India for last 30 days

Prashant Nayak
Advocate, Mumbai
34667 Answers
249 Consultations

Dear client,

 

Yes, you can get married under the provisions of the Special Marriage Act.

Before solemnizing your marriage, you should ensure that the following documents are ready:

  1. Birth certificates (for age proof)
  2. A valid visa of more than thirty days for the foreign national.
  3. A single-status affidavit signed by both parties. In case one of the parties has married previously, the Divorce Decree (for divorcees) or Certificate of Death (for widowed) is necessary.
  4. Address proof and passport size photographs
  5. Adequate documentary evidence of 30-day residence in India
  6. A ‘no-objection’ letter – For instance, if an American citizen wishes to wed in a civil marriage ceremony he may be required to present to the marriage officer a ‘no objection letter’ from the US Embassy or Consulate, as well as proof of termination of any previous marriage if any. Similarly, a citizen of any other foreign country is required to present the no objection letter from the Embassy or Consulate of his/her country. The parties also have to wait at least 30 days from the date of initial application to formalize the marriage so that the marriage officer can publish a notice, which might even include a newspaper publication for giving an opportunity for any objections to the marriage to be voiced.

Thank you.

Anik Miu
Advocate, Bangalore
11069 Answers
125 Consultations

Since you are a foreigner and your fiance is an India, you can get your marriage registered under special marriage Act, 1954. 

In India, civil weddings are governed by the provisions of The Special Marriage Act (1954). Under the Act, there’s 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 registry office to get married. For foreigners, this is evidenced by a certificate from the local police station.

You’ll need to submit your own documents to prove your identity.

 In addition, evidence of eligibility to be married is usually required. Anyone who hasn’t been married should obtain a single status affidavit (in the US), a Certificate of No Impediment (in the UK), or Certificate of No Record (in Australia). If you’re divorced, you’ll need to produce the Decree Absolute, or if you’re widowed, a copy of the death certificate.

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.

T Kalaiselvan
Advocate, Vellore
90187 Answers
2506 Consultations

He may have to follow the visa process as per US Immigration laws after marrying you 

Marriage to a U.S. citizen or lawful permanent resident provides foreign-born persons a direct path to U.S. immigration.

 the foreign national does not immediately or automatically receive the right to immigrate, nor U.S. citizenship.

If you are a U.S. citizen, your new spouse becomes your "immediate relative," and might receive an immigrant visa and green card as soon as the two of you make it through the application process. This can take several months.

If you are not yet married and your fiancé(e) is still in India, you can, if you are a U.S. citizen, petition for your fiancé(e) to enter the U.S. on a K-1 visa in order for the two of you to get married in the U.S.—and then your new spouse can apply for a green card, if desired. You can also choose to get married first in India or another country, and then apply for an immigrant visa with which to enter the United States. The visa will turn into a green card when your spouse arrives.

T Kalaiselvan
Advocate, Vellore
90187 Answers
2506 Consultations

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