• Indian and foreigner special marriages act

Hi

I am a British National and my fiancé is Indian. We wish to marry in india as soon as possible. A few days ago he moved from his home city to Mumbai and is staying with one of my relatives there as we cannot register the marriage in his home City due to family problems. He is having difficulty with the residence proof as he cannot obtain any electricity Bill or rent agreement at his address. Is there any other residence proof that should be accepted by the marriage officer? Thank you for any advice you can give.
Asked 1 year ago in Family Law from United Kingdom
Religion: Other
Take a new house and on the basis of the rent agreement the marriage may be registered. Bank details is anothe option of address proof.
Devajyoti Barman
Advocate, Kolkata
5192 Answers
54 Consultations
4.9 on 5.0
It is advised to create a rent agreement of the house he is staying in(for documentation purposes only- it can be a rent agreement between your relatives and your Fiance). On the basis of this rent agreement take a post paid mobile connection of MTNL. MTNL bill as an address proof will be accepted by marriage registrar.

Although, as something seems to be NOT RIGHT,it is advised to press you Fiance to register the marriage either at the place where he belongs to or  the place in India where you hail from(wherever you have a house in India).
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
1) electricity bill , telephone bill , ration card , Aadhar card , passport , election voter ID card are accepted as residence proof 

2) you need address proof that your fiancée has resided in Mumbai for period of not less than 30 days prior to issue of notice under SMA 
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
5.0 on 5.0
Such a marriage is to be solemnized under Special Marriage Act before the marriage officer/registrar of the area /SDM where both or any of the parties to such a marriage reside permanently or for at least one month. Both the parties to the marriage file a joint application/notice before the marriage officer along with individual affidavit attested by notary public specifying the age(boy 21yrs &girl 18yrs), place of residence, marital status(unmarried or divorcee as the case maybe in case being divorcee a copy of decree of divorce will be required), mental status(not idiot or not with unfit mind), not related to each other. Along with this you have to give following documents foreign citizenship certificate, Passport, visa, proof of residence. You being a foreigner may have to submit a no objection letter from your Embassy regarding her being unmarried/divorcee as the case may be & there exist no legal impediment in such marriage between he/she & you. The application/notice of such a marriage may be asked by the Marriage officer to be witnessed by 3 independent adult persons, affix one photograph of each of the parties & all the 3 witnesses. You have make such an application/notice to the marriage officer in person along with all the 3 witnesses. On receiving such an application the marriage officer issues a month notice regarding the intended marriage & get such a notice affixed on the notice board out side his office, a copy of such notice is sent to the marriage officer under whose jurisdiction the other party lives, also a copy is to the individual parties address. There can be newspaper notification ordered by the Marriage officer the cost you will have to bear. After expiry of the period of notice a date is fixed on which all the persons parties to the marriage & 3 witnesses appear again before the marriage officer who declare them married & issue a certificate to this regard then there itself no more waiting for it. Incase of any objections raised the marriage officer will settle these, otherwise he can issue the Marriage Certificate.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
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 rent agreement soon for period of not less than 30 days prior to filing application  

Bridegroom and bride should give notice of intended marriage 30 days in advance for the solemnization of marriage along with prescribed fees. Bride or bridegroom must have lived continuously for not less than 30 days within the jurisdiction of marriage officer before giving the notice 
If no objections are received within 30 days from the date of notice of intended marriage, bridegroom and bride should appear before the Marriage Officer within next 60 days after lapse of initial 30 days from such notice along with three witnesses for solemnisation of the Marriage. Marriage Officer after following procedure prescribed under act and rules will solemnise the marriage
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
Choose to get married under the Special Marriage Act 1954;  First you have to register the 'intent' to marry at the Marriage Office under whose jurisdiction you fall the following documents are acceptable:
*Age Proof - Municipal Birth Certificate, School Leaving Certificate, Board Certificate, Passport
*Residence Proof - Ration Card, Election Card, Passport  one of the marriageable parties has to prove residency in the area for the previous consecutive 30 days; a letter from his Consulate in Mumbai stating all his details (Name, Passport No, Age, Address) and saying that his marital status was 'Unmarried' and that according to his country's law there is no impediment to him entering into matrimony with Indian national named XYZ, born on etc. Declaration by parties and witnesses.- Before the marriage is solemnized the parties and three witnesses shall, in the presence of the Marriage Officer, sign a declaration in the Form specified in the Third Schedule to this Act, and the declaration shall be countersigned by the Marriage Officer.
 Evidence of eligibility to be married - - Which means that - Anyone who hasn’t been married should obtain in case of:-
(a) For US - single status affidavit
(b) For UK - a Certificate of No Impediment 
(c) For Australian - Certificate of No Record
If you’re divorced, you’ll need to produce the Decree Absolute, or if you’re widowed, a copy of the death certificate.
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
1. He has to submit the proof of his residential address at Mumbai so that the same can be recorded in the marriage register and also the marriage certificate to be issued to you,

2. Ask your relatives to issue him rent receipt showing him as paying guest,

3. It will establish his address at Mumbai to be recorded in the Marriage Certificate,

4. He himself also can take up an accommodation on shot term rent for the purpose of Marriage.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. Since you want to get the marriage registered in Mumbai where he relocated recently you require a leave and licence agreement in favour of your fiance to apply for registration of marriage to the jurisdictional marriage registrar. So he may enter into such agreement for the purpose of registering the marriage.

2. The better option would be to apply for marriage registration in his home city as his address therein would be mentioned on all his identity cards. The family problems, if any, can be addressed by seeking an appropriate remedy from the court.
Ashish Davessar
Advocate, Jaipur
18095 Answers
448 Consultations
5.0 on 5.0
COURT MARRIAGE OF AN INDIAN AND A FOREIGN NATIONAL
A marriage between parties one of whom at least is a citizen of India may be solemnized under Special Marriage Act, in India before a Marriage Registrar in India or a Marriage Officer in a foreign country.

ELIGIBILITY CRITERIA:
At least one of the parties should be an Indian citizen.
The bride groom must be 21 years of age; the bride must be 18 years of age.
Neither party has a spouse living,
Neither party is an idiot or a lunatic,
The parties are not within the degrees of prohibited relationship
Each party involved should not have any other subsisting valid marriage.
DOCUMENTS REQUIRED:
Application form duly signed by both the parties.
Documentary evidence of date of birth of parties.
Copy of Passport of both the parties with valid Visa.
Residential Proof of both the parties.
Documentary evidence regarding stay at district in India of one of the parties for more than 30 days (Proof of stay or report from the concerned SHO).
N.O.C. or Marital Status certificate from the concerned embassy or Consulate in India by a foreigner partner.
Death certificate or divorce decree whichever is applicable, in case one of the parties had any marriages in the past.
PROCEDURE:
The parties to the marriage shall give notice in writing in the form specified, to the Marriage Officer of the 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, and the notice shall state that the party has so resided.
All the documents are verified at the Office of Marriage Registrar.
The law of other nation shall not be in conflict with Indian laws.
The notice is then published inviting objection to the marriage, if any.
If no objection is made, then, on the expiry of the notice publishing period, the marriage may be solemnized.
The marriage shall be solemnized in the presence of at least three witnesses.
Further the Marriage Certificate is entered and is granted by the Marriage Registrar.

Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0

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