• Registration of marriage to foreigner

Hello,

I wanted to know the process of registering a wedding in India between an Indian National (temporarily residing in Canada) and a Canadian National. We will be coming to India to have a traditional South Indian Hindu wedding and will be in India for 3 weeks.

One of the proofs required involves proof of residence for 30 days. Can I please get some information on how that would apply in our case and the documents that will need to be submitted by both of us?

Thank you 
Aditya
Asked 3 years ago in Family Law
Religion: Hindu

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11 Answers

You can get married under provisions of special marriage act 

 

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

 

3) 

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)

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

Any foreign national staying in India for thirty days can validly marry in Indian under Special Marriage Act, so says the Act. The marriage has to be registered at the place of residence of Indian. A copy of valid passport and visa is additional document of foreign national that have to be enclosed. Apart from that the following usual document has to be furnished to Registrar…

  1. Submit affidavit of both of you with two passport size photos of each.
  2. Take proof of residence like addahar, proof of age like education certificate of Indian national.
  3. Take three witnesses with id document and passport size photos.
  4. Pay the prescribed fee of Rs. 100/-.
  5. Fill up the form, your marriage will be registered.
  6. Again go after one month, registrar will perform your marriage.

Happy marriage life to both, make the marriage success.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 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.

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

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Client,

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.

Hope this clarifies your query and requirement.

Thank you.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

In India, such a marriage is governed by the provisions of the Special Marriage Act. This act not only deals with marriages between people belonging to different religions but also different caste or backgrounds and hence, marrying a person from another nationality is also governed by the Special Marriage Act.

. There exists a 30-day notice requirement to be given in India if one partner is permanently and the other partner is temporarily residing in India. Marriages between Indian and a foreign national also shall be registered under this Act. If one partner is residing in the foreign country, the ‘Marriage Notice’ form has to be filled by the partner in India and also the partner in the foreign country, which has to be resubmitted by the partner in India to the Registration office.

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.

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

Yes you are correct. You will require the proof during registration

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

30 days requirement is for marriage under special marriage Act. After marriage you can apply for registration by filing form with 2 Witnesses, marriage card, affidavit of preist and you will get the certificate

Prashant Nayak
Advocate, Mumbai
34522 Answers
249 Consultations

since you are marrying a foreigner registration of marriage has to be done under provisions of SMA

 

Both partners need to fill the relevant application form, sign it, and submit it, along with photocopies of the necessary documents , such as age proof and address proof

4)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)

5)ffidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality and that the parties are not related to each other within the prohibited degree of relationship as per Special Marriage Act

6. Two passport size photographs of both the parties and one marriage photograph.

7. Marriage invitation card, if available.

8 If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage.

 

 

 


30 days stay is must for foreign national 

Ajay Sethi
Advocate, Mumbai
99787 Answers
8146 Consultations

The requirement for registering your marriage with a foreigner in India was clearly explained in the previous post which has been not understood properly by you but asking the same question as per your own understanding. 

This is not court marriage. 

You can your marriage registered under the provisions of special marriage act only after complying with the requirements stated therein. 

T Kalaiselvan
Advocate, Vellore
89989 Answers
2493 Consultations

Dear Client,

As per the facts which have been provided, since you are marrying a foreigner registration of marriage has to be done under provisions of Special Marriage Act. 30 days requirement is for marriage under Special Marriage Act

Thank You.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

- The detailed reply of registration of marriage already given by me 

- Your fiance can apply for the extension of visa on the ground of marriage 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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