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
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.
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
.Canada registration wont be valid in India. 30 days pre stay is necessary in all case preferably to Korean/
- 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:
- Hence , you should register your marriage in Bihar.
Since your marriage will take place in Bengluru hence you can get marriage registered there. You can take certificate of residence from your brother.
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.
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.
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:
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.
You need to be residing 30 days prior for solemnisation of special marriage Act in india
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:
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.