You can get married in india under provisions of special marriage act
2) you can submit application form online in city wherein you are intending to get married
3) you should be in india for period of 30 days after issue of notice
Marrying in India
I am an Indian citizen and Australian resident planning to marry my spanish partner who is an Australian resident as well Does one or both of us need to submit the application in person or can a family member do it on our behalf? Does one or both of us need to be in India for 30 days after the submission or can we both go back ?
Asked 2 years ago in Family Law
Religion: Other
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7 Answers
Thankyou Mr Sethi, So is there no way to avoid this 30 day period of stay?
Asked 2 years ago
No
in alternative get married in Australia and register your marriage with Indian consulate under provisions of foreign marriage act
1. Both the bride and groom have to submit the application to the jurisdictional District/Sub Registrar to marry under special marriage act.
2. Atleast one of the parties should have lived for 30 days in the jurisdictional address on the date of applying to marry under special marriage act.
3. Both the parties need to be in India for 30 days after submission of application.
- Since, you both are residing in Australia , then you can registered your marriage there under the provision of Foreign Marriage Act before the Consulate of India.
- Further, as she is an Australian resident , then the marriage can be registered in Special Marriage Act
- However, one of the couple should be present in India for 30 days after applying an allocation before the marriage registrar.
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.
You’ll need to submit your own documents to prove your identity.
In addition, evidence of eligibility to be married is usually required. Anyone who hasn’t been married should obtain a single status affidavit (in the US), a Certificate of No Impediment (in the UK), or Certificate of No Record (in Australia). If you’re divorced, you’ll need to produce the Decree Absolute, or if you’re widowed, a copy of the death certificate.
You have been explained about the requirement to be complied as per provision of law, what is yuor doubt or why do you want to avoid law.
If you avoid to comply with the legal requirement then your marriage may not be legally valid in India neither you will be able to get the marriage registered in India.
Dear client I am sorry to hear that but in this case you have to be there in India for 30 days and that is no exception to that
