• British national marrying to Indian national on tourist visa

I am going to India to merry my soon to be wife.
I have been given 3 weeks holiday by my employer.
I am applying for a tourist visa

Can I get married in 3weeks using a tourist visa?
Asked 3 years ago in Family Law
Religion: Sikh

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8 Answers

1) Seek extension of leave by 2 weeks or so 

 

2) Marriage between Indian and foreigner has to be solemnised under provisions of special marriage act 

 

3) 30 days notice of intended marriage has to be given 

 

4) you need proof of 30 days stay in india for marriage under provisions of SMA 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 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 in advance. 

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

- 30 days residency requirement 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.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If you are a foreigner and desire to marry an Indian as per Indian laws then you may have to follow the procedures laid down for this purpose in 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.

Therefore you organise your stay in India accordingly.

If you do not want to get the marriage registered in India as per Indian laws and would like only to get formally married as per Indian customs alone, then you can get the function for marriage organised and be satisfied without the marrige certificate.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

While we may associate a marriage in India with extensive rituals like walking around the fire, a lot of music and exchanging garlands, the Court has clarified that any couple, whether Indian, NRI, or a foreigner who wants to marry in India has to either perform a religious marriage ceremony or the civil marriage ceremony. Even if the marriage is celebrated under Hindu Marriage Act, Muslim Marriage Act, Christian Marriage Act and for the Parsee Marriage and Divorce Act. Such Religious Marriage Ceremony in India is a legally valid marriage but it needs to be registered compulsorily. For VISA and immigration purposes a Marriage Certificate from Registrar of Marriages is a requirement. Getting your marriage registered may not be enough and you are often required to furnish a registration certificate which acts as adequate proof of valid registration of a marriage.

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.

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.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Client,

Nothing in the regulations say that you can’t get married on a tourist visa or on visa waiver. You are certainly allowed to get married and go back home before your status expires, but you must be ready to present strong and solid evidence to prove to the CBP officer that you intend to return your home country after the wedding.

Thank You.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

First of all, you both do not need to reside in India for thirty days. A person holding tourist visa in India can get married in that duration in India. It is advised that you get your marriage registration done in India itself, because as per the visa manual, you can get your Tourist Visa converted into an X visa, only when the marriage takes place in India and gets registered within the validity of the present tourist visa.

For the same, applications could be filled at your local Foreigner Regional Registration Offices (FRRO) and Foreigner Registrations Offices (FRO) across India. Certain important documents shall be required such as: -

  • Marriage certificate.
  • Recent photo in the specified format.
  • Passport and visa.
  • Spouse's Indian identification (such as Indian passport).
  • Proof of residence.
  • An Indemnity Bond on 100-rupee stamp paper, signed by the spouse.
  • Report from the relevant local police station about marital status, including observations, confirmation of living together, and security clearance.

Abhiraj Jayant
Advocate, Delhi
50 Answers
1 Consultation

Yes both parties. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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