• NRI marrying an Indian resident

Hello,

I'm an NRI living in France for the past 6 years. My fiancée lives in India and we have been trying to figure out the easiest way to get married but the biggest issue happens to be my documents. We aren't planning on having a wedding since we had an engagement party and we feel like spending more money might be unnecessary. I have heard different statements from different people regarding my documents. I have all my necessary documents digitally (signed and scanned) and I am willing to email them to the appropriate authority but it seems that is not an option.

So my options are that I can choose between the Hindu Marriage Act or the Special Marriage Act but the former involves ceremonies that we'd rather avoid and the latter involves a plethora of documents that aren't requested in the former scenario. Given that I do not have a huge vacation anytime soon, I find it unlikely that I can wait for 30-40 days to get married. So that's another issue.

I would like some insight regarding my next steps and preferably documents that I will need for the same.

If it helps, my fiancée is from Kolkata, West Bengal while I live in Paris, France (Although, my passport address still states that I live in Chennai, Tamil Nadu)

If there is a better option besides the two that I already mentioned, please do recommend it. Thank you very much in advance.
Asked 3 years ago in Family Law
Religion: Hindu

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6 Answers

There are two - three options :

 

1) Directly perform custom marriage and later on registered for marriage certificate as per Hindu law or Specific law 

 

2) You can come in India and registered for your marriage ceremony and live the country.

 

3) Try to get marriage perform in Delhi under tatkal marriage certificate.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Since both are Hindus you can get married under provisions of Hindu marriage act . If you don’t want elaborate ceremonies get married in arya samaj 

 

you need not wait for 30 days to get married 

 

you can register your marriage with marriage registrar office in city where marriage is solemnised 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

A Hindu marriage can be solemnized in a simple function too by following the procedures for solemnising the same. 

You don't have to invite lot of people and spend lavishly on pomp and show. 

Just arrange a Pandit who will conduct the marriage as per Hindu rites before a small gathering and get it registered the same day. 

You may not need more than three days for this entire thing to happen. 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Being a NRI what is required under Special Marriage Act is thirty days prior notice, not your thirty days’ stay in India. You can appear on the day of registrar of marriage before Registrar and next on subsequent to thirty days on which solemnization of  marriage is fixed. At least that much can be done to get married. Happy married life in advance.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

Yes special marriage Act will be more opt

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Client,

Parties who don't wish to get married in a religious ceremony can decide to get married for a civil ceremony indicated by the Indian Special Marriage Act of 1954. In case that a marriage between an Indian and a foreign national is to happen in India; usually, it is needed to document notification of proposed marriage with a Marriage Registrar of one's choice in India. That notice is needed to be published for the specified 30 days. Towards the finish of the 30 days, the Marriage Registrar is allowed to perform the marriage. 

The accompanying documents are needed for both the parties: 

  • a valid Passport 

  • Original Birth Certificate showing guardians' names 

  • if the individual concerned is widowed, the original death certificate of the deceased spouse

  • If separated, the duplicate of the final documentary or decree proof regarding the stay in India of the parties for over 30 days (ration card or report from the concerned SHO) 

Thank You.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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