• Marriage with foreign citizen

My Fiancé is a US citizen and currently living there and I am a citizen of India residing in Delhi. We want to get married in 1st week of Jan 2016 in India.  We are open to do ceremonial procedure in a temple and get our marriage registered in the court same day or day after or simply do court marriage. Please suggest what is the best way to go about it without loosing any time and get our marriage certified on the day we want. We want to make sure that we do everything right in the process.
Asked 1 year ago in Family Law from Gurgaon, Haryana
Religion: Hindu
1) is your fiancee a HIndu ? 

2) for marriage under provisions of Hindu Marriage act it is necessary that both parties be hindus 

3) you can get married as per per customary hindu rites in January 2016 if both are hindus 

4) registration of marriage cannot be done in a day 

5) you have to follow the procedure prescribed for registration 

6) To register under this Act, both the partners need to be Hindus. The first step is to apply to the sub-registrar under whose jurisdiction the marriage took place.

7)  Both partners need to fill the relevant application form, sign it, and submit it, along with photocopies of the necessary documents , such as age proof and address proof 

8) . For proof of marriage, submit a certificate from the pundit  who solemnised the marriage. Keep in mind that both parties will need to disclose their previous marital status, if any.  Lastly, you will have to deposit a fee with the cashier and attach the receipt with the form.

9)Once the application has been submitted and the documents verified , the concerned officer will assign a date for registration, when the marriage certificate will be issued . The people who have converted to Hinduism also come under the purview of the Act, but will have to provide a certificate of conversion from the priest who solemnised the marriage, along with relevant documents.
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1) since you want to marry your fiancée in India in a temple he would need to convert to Hinduism 

2) registration should not take more than a month 

3) court marriage is not a faster process as 30 days notice of intended marriage is required to be given 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Hi, as per law you can marry your fiance as per Special Marriage Act, one of the condition is that she has to reside in India at least 30 days after completion of the 30 days you can register your marriage before the Sub-Registrar.

2. Suppose if you married her as per hindu tradition then also it has to be registered before the Sub-Registrar then above condition has to be fulfill.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
See, getting married in a temple is different from getting the marriage registered. You are intending to marry a foreigner, hence foreign marriage act or special marriage act will be applicable to you. 
The conditions given in the special marriage act for such marriages registration is very simple. 
The requirement are:
1. The marriage performed under the Special Marriage Act, 1954 is a civil contract and accordingly, there need be no rites or ceremonial requirements;
2. The parties have to file a Notice of Intended Marriage in the specified form to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given.
After the expiration of thirty days from the date on which notice of an intended marriage has been published, the marriage may be solemnized, unless it has been objected to by any person.
The marriage may be solemnized at the specified Marriage Office.
Marriage is not binding on the parties unless each party states "I, (A), take thee (B), to be my lawful wife (or husband)," in the presence of the Marriage Officer and three witnesses.


Conditions for marriage

1. Each party involved should have no other subsisting valid marriage. In other words, the resulting marriage should be monogamous for both parties.
The bridegroom must be at least 21 years old; the bride must be at least 18 years old.
The parties should be competent in regards to their mental capacity to the extent that they are able to give valid consent for the marriage.
The parties should not fall within the degree of prohibited relationship.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
A marriage between an Indian and a foreign national is to take place in India, the marriage r has to solemnize under the Special Marriage Act of 1954.Registration of marriage cannot be done in a day .
Generally it is required to file a notice of intended marriage with a Marriage Registrar . That notice is required to be published for the stipulated 30 days. At the end of the 30 days the Marriage Registrar is free to perform the marriage.

Step 1 
File an application before the sub-registrar under whose jurisdiction the marriage took place.

Conditions relating to solemnization of foreign marriages.
1.	A marriage between parties one of whom at least is a citizen of India may be solemnizedunder this Act by or before a Marriage Officer in a foreign country, if, at the time of the marriage, the following conditions are fulfilled, namely:
(a) neither party has a spouse living;
(b) neither party is an idiot or a lunatic;
(c) the bridegroom has completed the age of twenty-one years and the bride
the age of eighteen years at the time of the marriage, and
 (d) the parties are not within the degrees of prohibited relationship;
Provided that where the personal law or a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship.

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 

Step 2 
After the stipulated waiting period of 30 days the marriage visit the sub registrar office again .If no objections are received within 30 days from the date of notice of intended marriage, along with two witnesses for solemnisation of the Marriage. Marriage Officer after following procedure prescribed under act and rules will solemnise the marriage and issued a certificate .

Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
you can marry with her after completion of her 30 days stay in India, you have to prepare some legal requirements like address proof, identity proof, age certificate, two witnesses with ID proof and a lawyer, 

there is a fixed format for registration of marriage under special marriage act. all the formalities may be fulfilled within 2 days if all the requirements are pre arranged.  
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
1. You can marry in a temple in accordance with the Hindu rites and rituals by retaining your respective religions and then register your marriage under Special Marriage Act. If registration is to be done under Hindu Marriage Act it has to be preceded by his adoption of Hinduism.

2. The registration of marriage certificate is, with the exception of some states, takes around 30 days to be issued from the date of application. The photographs of marriage will have to be annexed with the application form. 

3. Marrying under Special Marriage Act, which is in common parlance called 'court marriage', is a long drawn process. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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