• Indian man marrying Chinese - Indian visa for long stay

Hello,
I am an Indian national working in China for last 3.5 years. Due to job requirements, i will be relocating back to India by January end 2016.

I am planning to marry my Chinese girl friend. I need proper process and procedures that will require to bring her to India for a long stay.

Plan A:
I bring her to India on tourist visa (30 days i assume, any better option?). I marry her as per Indian customs . Get marriage certificate.

what will be the pre-requisites in terms of culture (any hindu law applicable), documentation (chinese certificates) and any legal formalities (in china before coming to India) to be fulfilled to obtain marriage stature for her and myself in India (considering china do not provide dual citizenship)

Plan B:
I marry her in China. Get a marriage certificate in China. Bring her to India. Get marriage certificate. (Need to understand this process as well)

Ultimate goal in Plan A & B:
To have her in India for longest stay possible with me and any options she can do some job, business to support herself , home and alternate processes possible . Thank you
Asked 1 year ago in Family Law from Ghaziabad, Uttar Pradesh
Religion: Hindu
1. You can marry her in accordance with Hindu rituals and then marry her under SMA. A 30 day residency requirement has to be complied with, 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 or Copy of C Form or FRRO Registration copy accordingly.  
 
2. You are to submit your intention to get married to the registrar along with the residence certificate (i.e. proof of residence), certified copies of passports and birth certificates, and two passport sized photographs and few affidavits each.

3. If no objections to the marriage are received within 30 days of the application, a civil ceremony at the registry office can then take place. Three witnesses are required, who have to provide passport sized photographs, as well as identification and proof of address. The marriage certificate is usually issued a couple of weeks after the wedding.

4. All she has to do right now is to come with her original Certificates on a Tourist Visa and post registration of Marriage convert it into "X" Visas of September 2012, the Ministry of Home Affairs (MHA) has changed the procedure and is no longer accepting direct applications for Tourist visa extension and conversion. Instead, she will need to apply at her local FRRO/FRO, which in accordance with Section 1 must make a recommendation and forward it to the MHA in Delhi for approval if the matter is outside its delegated powers. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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1)if your chinese girl friend converts to hinduism you can marry her as per traditional hindu rites under provisions of hindu Marriage act 

2) 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.

3)  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 

4) . 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.

5)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
23240 Answers
1219 Consultations
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1)the foreign marriage can be  Registered under the Foreign Marriage Act,1969 in China  (before the Indian High Commission and or before the Indian Consulate Generals Office as the case is)

2) Registration of foreign marriages.—
(1) Where—
(a) a Marriage Officer is satisfied that a marriage has been duly solemnized in a foreign country in accordance with the law of that country between parties of whom one atleast was a citizen of India; and
(b) a party to the marriage informs the Marriage Officer in writing that he or she desires the marriage to be registered under the section, the Marriage Officer may, upon payment of the prescribed fee, register the marriage.
(2) No marriage shall be registered under this section unless at the time of registration it satisfies the conditions mentioned in section 4.
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
Foreign marriages act 

section 4 Conditions relating to solemnization of foreign marriages.—A marriage between parties one of whom at least is a citizen of India may be solemnized under 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 degree of prohibited relationship.
5. Notice of intended marriage.—When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the First Schedule 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 thirty days immediately preceding the date on which such notice is given, and the notice shall state that the party has so resided.
6. Marriage Notice Book.—The Marriage Officer shall keep all notices given under section 5 with the records of his office and shall also forthwith enter a true copy of every such notice in a book prescribed for that purpose, to be called the "Marriage Notice Book", and such book shall be open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same.
7. Publication of notice.—Where a notice under section 5 is given to the Marriage Officer, he shall cause it to be published—
(a) in his own office, by affixing a copy thereof to a conspicuous place, and
(b) in India and in the country or countries in which the parties are ordinarily resident, in the prescribed manner.

section 8 Objection to marriage.—
(1) Any person may, before the expiration of thirty days from the date of publication of the notice under section 7, object to the marriage on the ground that it would contravene one or more of the conditions specified in section 4

section 9 Solemnization of marriage where no objection made.—If no objection is made within the period specified in section 8 to an intended marriage, then, on the expiry of that period, the marriage may be solemnized.

section 12 Declaration by parties and witnesses.—Before the marriage is solemnized, the parties and three witnesses shall, in presence of the Marriage Officer, sign a declaration in the form specified in the Second Schedule, and the declaration shall be countersigned by the Marriage Officer.
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
 Plan A:

Civil weddings in India are governed by the provisions of The Special Marriage Act 
 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 intention to get married to the registry office
 along with the residence certificate 
 certified copies of passports 
 birth certificates 
 two passport sized photographs each
Evidence of eligibility to be married 
i.e., single status affidavit or a Certificate of No Impediment  or Certificate of No Record also
 If you’re divorced, you’ll need to produce the Decree Absolute, or if you’re widowed, a copy of the death certificate.

There is a 30 days cooling period after the forms are filled and submitted to the registrars office. If there is no objection during this period, the marriage can take place.

 Witness: Three witness are required who have to provide passport sized photographs, as well as identification and proof of address.

 The marriage certificate is usually issued a couple of weeks after the wedding



Plan B:

 Validity of foreign marriages in India.-Subject to the other
 provisions contained in this Act, a marriage solemnized in the manner
 provided in this Act shall be good and valid in law. 

 Conditions relating to solemnization of foreign marriages. -A marriage between parties one of whom at least is a citizen of India may be solemnized under 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 arc 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.
 Notice of intended marriage. -When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the First Schedule 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 that thirty days immediately proceeding the date on which such notice is given, and the notice shall state that the party has so resided.
  Solemnization of marriage where no objection made. -If no objection is made within the period specified in Section 8 to an intended marriage,  then on the expiry of that period, the marriage may be solemnized.
  Certificate of marriage. –
 
(1)      Whenever a marriage is solemnized under this Act, the Marriage Officer shall enter a certificate thereof in the form specified in the Third Schedule in a book to  be kept by him for that purpose and to be called the Marriage Certificate Book,  and such certificate shall be signed by the parties to the marriage  and the three  witnesses.
 
(2)      On a certificate being entered in the Marriage Certificate Book by the Marriage Officer, the certificate shall be deemed to be conclusive evidence of the fact that a marriage under this Act has been solemnized, and that all formalities respecting the residence of the party concerned previous to the marriage and the signatures of witnesses have been complied with.
 
15.      Validity of foreign marriages in India. -Subject to the other provisions contained in this Act, a marriage solemnized in the manner provided in this Act shall he good and valid in law.




Since yoor wife will be here in India on a tourist visa, you have to convert her visa from a tourist visa to a short visit visa (valid for one year). For this you may visit the office of The Director (Foreigner), Ministry of Home affairs, Visa Facilitation Centre, Jaisalmer House, 26, Mansingh Road, New Delhi - 110 011 with a  fresh visa application form.  After that they will issue a sealed envelope to FRRO with details and instructions for converting tourist visa to visit visa.(Foreigners regional registration office).
At the FRRO  submit three copies of  marriage certificate, three copies of  passport with the latest identity proof in India of one spouse, as proof of residence. All original documents to be  carried by in person  for verification. You will be issued with  a booklet called the residential permit with extension to stay for one year stamped in it.  In the meanwhile you may  apply for the PIO since any foreigner married to Indian citizen is eligible.

T Kalaiselvan
Advocate, Vellore
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