• NRI (PR of Canada) marrying a Korean citizen (PR of Canda)

Hello,
We are both permanent residents of Canada, and I am of Indian citizen from Bihar, while my partner is a Korean citizen. Our wedding is scheduled to take place in Bengaluru, India, in 25 days, where my brother and family reside (My partner and I live in Canada). 
We are excitedly preparing for our marriage registration, but I find myself facing uncertainties regarding the residency requirements in Bengaluru and Bihar. Everywhere I see, they ask for residency requirements of more than 30 days. 
I am contemplating whether we should register our marriage in Bengaluru, my hometown in Bihar, or in Canada.

I kindly request your advice and guidance on this matter. Thank you.
Asked 2 years ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

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9 Answers

You should get married in Bihar as your home town is in Bihar and register your marriage under provisions of SMA 

 

in alternative get married in Canada and register your marriage with Indian consulate under provisions of foreign marriage act 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

.Canada registration wont be valid in India. 30 days pre stay is necessary in all case preferably to Korean/

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

- Since, you both are residing in Canada , then you can register your marriage there before the consulate of India under the provision of Foreign Marriage Act.

- Further , if you wanted to register your marriage in India , then it will be registered under the Special Marriage Act 

Procedure for Marriage Registration: 

  • The parties have to file a Notice of Intended Marriage after making an application in the office of the Marriage Registrar. Such notice can be given by the party who is residing in India.
  • They can apply in the city/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.
  • The Notice of Marriage will be published by the Marriage Registrar by affixing it in the notice board, for inviting objection if any.
  • If any person has an objection to the marriage, then that person can raise objection within 30 days from the date of publication of Notice.
  • If there is no objection, then after the expiration of 30 days from the date of publication of Notice, the marriage may be solemnized.
  • The marriage can be solemnized at any place in the same district and even at the specified marriage registrar office.
  • Both the parties of the Marriage along with three witnesses are required to be present before the Marriage Registrar on the date of registration/solemnization of marriage. 

- Hence , you should register your marriage in Bihar.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Since your marriage will take place in Bengluru hence you can get marriage registered there. You can take certificate of residence from your brother. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

If you are not able to comply with the residency requirement of 30 days residence as mandated by law, you can better approach Indian consulate at Canada, submit an application for registering your marriage under the provisions of Foreign marriage act or special marriage act.

The residency requirement is available at that place hence it will enable you to comply with all the requirements for registering and solemnising your personal in a legally valid manner at Canada.

Later on you can perform a formal traditional marriage in India as desired.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

In the office of High Commissioner in Canada, there is marriage officer appointed by Government of India, MEA under Foreign Marriage Act.  You can register your marriage in Canada. Notice of intended marriage will be given at the place of your last residence in India and if no objections are received, your marriage will be solemnized by marriage office in the office of High Commissioner in Canada. Thereafter you can celebrate marriage anywhere in India.  

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

As per the Special Marriage Act, 1954, the requirements for a marriage between an Indian citizen and a foreign national in India are as follows:


  1. Notice of Marriage: The first step is to give a notice of intended marriage to the Marriage Officer (Sub-Registrar Officer) in the district where at least one of the parties has resided for a minimum of 30 days prior to submitting the notice.

  2. Residence: As mentioned above, one of the parties must have resided in the district where the notice is being given for at least 30 days immediately before submitting the notice.

  3. Age: The minimum age for the bridegroom is 21 years, and the bride must be at least 18 years old.

  4. Intention to Marry: Both parties must give their free consent and state that they are not married to any other person.

  5. No Objection: If either party is a foreign national, he or she must also provide a "No Objection Certificate" (NOC) from their respective diplomatic or consular mission in India, stating that there is no legal impediment to their marriage.

  6. Witnesses: Both parties are required to have three witnesses present at the time of the marriage.

  7. Declaration: The parties are required to declare that they are not within the degrees of prohibited relationship as per the law governing their religion.

  8. Marriage Ceremony: The marriage can be solemnized after the expiration of the 30-day notice period, during which objections can be raised against the marriage.

  9. Venue: The marriage can take place at the office of the Marriage Officer or any other place within a reasonable distance from the office.

It's important to note that the Special Marriage Act allows for a civil marriage, and the marriage ceremony does not have any religious rituals or customs. The Act is applicable to all Indian citizens, irrespective of their religion, and also to foreign nationals residing in India.

 

Muraleedharan R
Advocate, Trivandrum
386 Answers
2 Consultations

You need to be residing 30 days prior for solemnisation of special marriage Act in india

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Dear Client,

The residency requirements for marriage registration in Bengaluru and Bihar are indeed 30 days. This means that you would need to have been living in either city for at least 30 days before you can apply for a marriage certificate.

If you are unable to meet the residency requirements, you can still register your marriage in India, but you will need to do so under the Special Marriage Act, 1954. This act allows for the registration of marriages between people of different religions or nationalities, and it does not have any residency requirements.

However, there are some potential drawbacks to registering your marriage under the Special Marriage Act. For example, the certificate that you receive may not be as widely recognized as a certificate issued under the Hindu Marriage Act or the Indian Christian Marriage Act.

Another option would be to register your marriage in Canada. This would be the easiest option, as you would not need to meet any residency requirements. However, it is important to note that a Canadian marriage certificate may not be recognized in India.

Ultimately, the decision of where to register your marriage is a personal one. You will need to weigh the pros and cons of each option and decide what is best for you and your partner.

Here are some additional things to consider when making your decision:

  • Where do you plan to live after your wedding?
  • Where do you want to raise your children?
  • Where do you want to retire?
  • Where do you want to be buried?

Once you have considered all of these factors, you will be in a better position to make a decision about where to register your marriage.

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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