• Two NRI marrying in non-religious ceremony

Hello,

My Partner and I have been living out of India for 2 years now and plan to get married in a non-religious ceremony (party with just family and friends) in India in December. 

We recently came across the NRI law that says we need to register the marriage within 30 days of the wedding. But as we belong to different religions (Hindu and Christian) and do not reside in India, the only option for us to register our marriage is under Foreign Marriage Act.

The earliest appointment to submit notice of intent in Indian embassy in our country is in January and the solemnisation of the wedding would take place atleast 30 days after that. Which means the earliest we can register our wedding is in February. Would this be a problem for us?
Asked 3 years ago in Family Law
Religion: Christian

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11 Answers

Marriage is to be performed after thirty days of publication of notice under Section 9 of the  Act. There can be no impediment of marriage if performed in Feb, 2023.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

You can also opt for special marriage act which itself  is.a registered  marriage. But you need to be in India for the 30 days prior to marriage. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You have understood the law rightly in this regard. 

 The prospective bride and groom have to submit notice of intended marriage under Foreign Marriage Act, 1969 in the prescribed format at the Embassy. Notice in the prescribed format is to be published in a widely circulated newspaper in the home country, at the place of permanent residence as indicated in the passports of bride and groom, and in the country in which the parties are ordinarily resident. In case, both bride and groom are from same state in India, notice is to be published only in one newspaper of that particular state. After the publication of Notice, the applicants are required to submit the concerned newspapers in original.

Persons belonging to different relations and faiths can have their marriage Solemnized under this Act.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

There would not be problem even if you delay registration of your marriage 

 

if you are getting married in India in December and belong to different religions best option is to register your marriage under special marriage act 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

 

You can do ceremony in December in India if you so desire 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Under Special marriage act, there is no necessity to follow any religious ceremony.

The parties may choose any other form like exchanging the Garlands etc., 

By this process the marriage is deemed to have been solemnized and the marriage officer shall enter the particulars in the marriage certificate book and it will be signed by the parties to the marriage and Three Witnesses.

The procedure of Registration of Marriage performed in other forms

All the above procedure is same except that the utterance of i(a) take the (b) I take b) to be my lawful wife.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can have small ceremony in India 

 

2) if marriage is solemnised in India it should be registered in India 

 

3) if it is solemnised and registered abroad for it to be valid in India it should be registered with Indian consulate in that country under provisions of foreign marriage act 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

There's no necessity to solemnise the marriage as per any religious rites.

You can get it registered with the Indian embassy of the country you currently reside which will be sufficient to having registered your marriage in India. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Client,

 if a foreign Embassy does not issue a Single Status Certificate or NOC due to the law, rules and regulations prevailing in that country, Declarations or Certificates evidencing the same should be accepted in India for registration of marriage.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Yes you can do the same.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

- Since, you both are Indian , then you can also register your marriage in India under the Special Marriage Act as well. 

- Further, if you register the marriage abroad under the Foreign Marriage Act, then you will have to inform for the same within the period of 30 days from the date of registration or solemnization of marriage. 

- Yes, if will valid in India 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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