• Marriage in India as US Citizen

I am currently a US citizen and have lived here my entire life. My girlfriend is currently residing in Delhi, India, and we are discussing the feasibility of a traditional Indian wedding. She is a citizen of India and has lived there her entire life. For reference, I am Christian, and she is Hindu. We plan on her immigrating to the US once we have married. I have read in several places that there would be a 30-day wait period to allow for any objections to the marriage prior to the registrar's allowance of a license, and there is also a 30-day wait period following the marriage itself prior to the issuance of the marriage certification. Given this information, I have the following questions. 

1. Regarding the wait periods, would I be required to be in India for the entirety of one or both 30-day wait periods? Or, can I fill out my part of the information remotely (from the US) and only appear for the wedding itself? Alternatively, could I appear for the initial registration filing and return to the US prior to the marriage taking place? Would I be able to return the US shortly after the completion of the wedding ceremony without creating any issues in terms of the issuance of the marriage certificate? I ask this as I may not be able to spend extensive time in India for financial/work-related reasons.

2. Would I be able to legally marry in India on a standard tourist visa? Or, would I need to apply for a special visa? If yes, which visa should I apply for and how extensive is the process to obtain this visa?

3. Does the fact that I am a Christian pose any particular legal issues or present any potential obstacles that I should be aware of? 

4. In the event that I am unable to manage the trips to-and-from India or stay there for an extensive period of time to satisfy the 30-day wait period prior to marriage, could we marry ceremonially without formally registering the marriage? Would this technically break any laws? We also plan on marrying in the US eventually, so I should note that it is not imperative that we legally marry in India. However, doing so would offer a straightforward path to her gaining permanent residence status in the US and would also please her and her family to follow the customs. That being said, it may be better to marry in the US and return to India for a formal blessing if the situation proves impractical. 

I would like to follow the traditions and laws of the land as closely as possible, especially considering the unconventionality of the situation. Any assistance in answering my questions and concerns would be much appreciated! Thank you kindly for any wisdom you're able to impart.
Asked 3 years ago in Family Law
Religion: Christian

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8 Answers

You can masti in India under tourist visa 

 

2) the fact that you are Christian is immaterial 

 

3) you can get married in USA register marriage with Indian consulate under provisions of special marriage act 

 

4) you can return to USA after getting married 

 

5) Both parties should file a notice (an application for the registration of their marriage under the Special Marriage Act) at least 30 days (could be more) before the day of marriage at the office of the Sub-divisional Magistrate of the district where at least one of the partners has stayed for over a month.

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

1. Firstly you should know that if you both are residing in US , then you can get marriage registered under the Foreign Marriage Act before the Consulate of India  

- Further , if she is not residing in US , then the marriage can be registered in India under the Special Marriage Act , and she can apply for the marriage registration in your absence after taking your details and affirmation 

- Further, as per your plan , you can appear before the marriage registrar only for marriage registration, and further your appearance is not needed before the marriage registrar. 

2. A tourist visa 

3. No, 

4. Registration of marriage is necessary for her visa purposes

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

  1. Is it sufficient for the purpose of the  Special Marriage Act if only one of the  parties resided in the district in which  marriage is planed for more than thirty days. Presence of both is not required for thirty days. After registration no party is required to stay for another thirty in the  district of marriage.
  2. There is no special visa requirement for marrying a Indian citizen.
  3. India being a secular nation, marriage between parties practicing two religions is not prohibited.
  4. You can flay back immediate after registration of marriage, it will not affect the validity of marriage.
  5. There is no such necessity to marry in u.s. first and in India
  6. There is no hinderance to a u.s. citizen marrying Indian bride. Go ahead.
  7. You can also marry her in u.s. under Foreign Marriage Act through Indian Embassy, but her presence is necessary in u.s. for such marriage.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

1. You would not be required to stay in India during the waiting period for the registration of marriage. You will have to appear for the marriage registration process and return to the US immediately after the solemnisation of marriage registration. Only one partners presence is required for a period of 30 days. Your partners presence in Delhi would suffice. To register the marriage in India, Special Marriage Act,1954,  states that the parties should give written notice to the Marriage officer wherein at least “one of the parties the marriage has resided for not less than thirty days immediately preceding the date on which such notice is given.”

2. You can get married on a tourist visa. No special visa would be required. A valid visa of more than thirty days for the foreign national is required.

3. Your religion would not pose any issues and a person of any religion can get married in India under Special Marriage Act, 1954. A marriage between a foreigner and an Indian citizen is valid if it is registered under the Special Marriage Act, 1954.

4. You would not be required to stay in India during the waiting period for the registration of marriage. Registration is marriag is not mandatory in India, so you would not be breaking any laws even if you do not go for the registration of marriage.

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

1. 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.

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

2. Since you will be here on a tourist visa, you have to convert your visa from a tourist visa to a short visit visa (valid for one year). For this you may have to visit the Foreigners Regional Registration Office (FRRO). This will cover the extensive period of stay in India.

3. Whether or not your marriage will be registered under the provisions of Special marriage act. The Special Marriage Act, 1954 is an Act of the Parliament of India with provision for civil marriage for people of India and all Indian nationals in foreign countries, irrespective of religion or faith followed by either party.

4. By just observing the formal ceremony in India, it will not conclude that it to be a legally valid marriage between you both.

Your marriage in India, if you are desirous of getting it legally recognised or valid, then you may have to follow the procedures/laws prescribed for the purpose without any exemption for whatever reason you may rely upon.

The marriage without being registered before the Concerned authority i.e., the Marriage officer, is not legally valid as per Indian laws.

Besides you being  foreign national, your marriage  will fall under the provisions of special marriage act only and it is mandatory to register the marriage unless it is not valid.

If you want to skip the process in India and would be contended with the US marriage itself, then your fiancee may not be recognised as your legally wedded spouse by US immigration authorities if you do not produce the marriage certificate issued by government in India, hence it may create legal hassles at that stage when you apply for visa to your spouse. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Dear client,  I am sorry to hear that but I this Case You should be getting a response normally within 60 days.

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

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

If you want to marry in india. Your partner needs to be indian. If both of you are foreign citizens then you can try foreign marriage act

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Registration of marriage is a mode of proof of marriage. On adducing the registration certificate of marriage, it may be presumed by the law that marriage is deemed to has taken place.

In case a marriage between an Indian and a foreign national is to take place in India, the marriage has to solemnize under the Special Marriage Act of 1954. Generally it is required to file a notice of intended marriage with a Marriage Registrar of your choice in India. That notice is required to be published within the stipulated 30 days. At the end of the 30 days the Marriage Registrar is free to perform the marriage.

 

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.

If one partner is residing in a foreign country then the partner who is resident in India will have to fill out the “Marriage Notice”  collected from the Marriage Registration Office of his/her choice in India and send it to his/her partner in the foreign country who will also have to fill it out. This “Notice” should then be sent back to the partner in India who will have to re-submit it at the Marriage Registration Office. 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 marriage and when applying for a visa to a foreign country.

The requirement for this will be your age proof, (Passport, Birth Certificate) your address proof (Passport, Ration Card, Voters Identity card) and Martial status. The best for you both to give one notice for marriage under the Act of 1954 to the Marriage Officer of the District where you permanently reside in India, after one month notice period marry her in presence of 3 witnesses by the Marriage Officer, get Valid Marriage Certificate from the Marriage Officer

The following documents are required for both the partners for register the marriage

  1. A valid Passport
  2. original Birth Certificate showing parents' names
  3. if the person concerned is widowed, the original death certificate of the deceased spouse
  4. If divorced, copy of the final decree
  5. documentary evidence regarding stay in India of the parties for more than 30 days (ration card or report from the concerned SHO)

For the clause 5 create a rental agreement soon for period of not less than 30 days prior to filing the application 

Marriages can be registered in the virtual presence of parties, the Delhi High Court has ruled, saying that in the present times, citizens cannot be prevented from exercising their rights because of a rigid interpretation of law which calls for “personal presence”

Hearing a plea by a US-based Indian couple seeking to register their marriage here through video conferencing, Justice Rekha Palli opined that not treating physical presence as a mandatory requirement would also encourage parties to easily get their marriages registered.

Following the completion of the thirty-day objection period, the marriage will be solemnised, unless it has already been opposed to by any individual. In any case, if an objection is raised against an intended marriage, the Marriage Registrar cannot solemnise the marriage until he has investigated the matter of objection and reached a decision that the earlier raised objection will not prevent the marriage from being solemnised, or the prior objection is withdrawn by the individual raising it. However, if the marriage officer validates the objection and refuses to solemnise the marriage, any of the intended parties may file an appeal with the district court within the local limits of the marriage officer’s office within thirty days, and the decision of the district court on such appeal will be binding, and the marriage officer must act in accordance with the court’s decision.

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

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