• Interfaith marriage - Hindu groom and Christian bride

I am a 30 years old hindu male, resident of Andheri, Mumbai; My would be wife is 25 years old christian, resident of Jamnagar, Gujarat. We plan to get married in the month of February 2016 in Mumbai. 

My queries are as follows:
1. Is it true that the marriage can only be solemnized under the Special Marriage Act?
2. If so, I would like to know the process (pre-requisites, location, any concerned who can be reached out to) to carry out the same in Mumbai City.
3. What would be the quickest way to obtain the marriage certificate after the registration of marriage?
4. How many days would it take to receive the marriage certificate?
Asked 1 year ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1) if your wife is willing to convert to Hinduism you can get married under provisions of Hindu marriage act 

2) for marriage under HMA both parties have to be Hindus 

3) if your wife wants to retain her religion you can marry under provisions of SMA 

4) 30 days notice of intended marriage has to be given to marriage registrar fir marriage under SMA 

5) if no objections are received marriage can be solemnised under SMA

6) Both parties along with three witnesses are required to be present on the date of registration/Solemnization.
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
DOCUMENTS REQUIRED FOR COURT MARRIAGE
Application form in the prescribed format with the prescribed fee
Passport Size Photographs of Marrying Persons
Residential Proof of Marrying Persons.
Date of Birth Proof of Marrying Persons.
Residential Proof and PAN Card of Three Witnesses
Death certificate or divorce decree whichever is applicable, in case one of the parties had any marriages in the past.
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
The Special Marriage Act was enacted to provide a special form of marriage by any person in India and all Indian nationals in foreign countries irrespective of the religion either party to the marriage may profess. This Act covers both marriage solemnising and registration, and requires the same documents as prescribed under the Hindu Marriage Act.

Both the parties to the marriage file a joint application before the marriage officer along with individual affidavit attested by notary public specifying the age(boy 21yrs &girl 18yrs), place of residence, marital status(unmarried or divorcee as the case maybe), mental status(not idiot or not with unfit mind), not related to each other. Along with this you have to give proof of age (School certificate, Passport, Pan card), proof of residence (Passport, ration card, voters ID card, rent agreement), & the application of such a marriage should be witnessed by 3 independent adult persons, affix one photograph of each of the parties & all the 3 witnesses. 

You have made such an application/notice to the marriage officer in person along with all the 3 witnesses. On receiving such an application the marriage officer issues a month notice regarding the intended marriage & get such a notice affixed on the notice board out side his office, a copy of such notice is sent to the marriage officer under whose jurisdiction the other party lives, also a copy is to the individual parties address & the marriage officer can also order for news papers publication of the notice. After expiry of the period of notice a date is fixed on which all the persons parties to the marriage & 3 witnesses appear again before the marriage officer who declare them married & issue a certificate to this regard. In case of any objections raised the marriage officer will settle these objections. 

How many days would it take to receive the marriage certificate?
35 days 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
Hi 
You can either Register under  "The special Marriage Act 1954,"  or get married as per religious ritual according to  HIndu vedic rites or in the church according to the christian rites, then apply for  a certifciate before the municipal office.

it is better to register your marriage under "The special Marriage Act 1954," as you both are from different religious faith.

You can also conduct the ceremonies under both religious rites to get married and  apply for a certificate in the Municipal office where the marriage takes place.

If you are registering the marriage Under special marriage act you need to give 30 days notice of intimation before the registrar. This means first you should apply for the marriage and after 30 days you can sign the marriage before the registrar in the presence of  2 witnesses
In Mumbai if you are doing you can apply in Khar Road office of the Marriage registrar, give notice of 30 days and get married. the marriage certificate will be issued immediately after the marriage.
There is a nominal fee to be paid while applying for the registration.
Documents needed are
address proof of the groom and bride(either party should have an address in Mumbai)
ID proof of the parties
Birth certificate or school leaving certificate to show the proof f the age
passport size photographs
two witnesses wit Id proof
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. Is it true that the marriage can only be solemnized under the Special Marriage Act?
since you both belong to different religion, you cannot register your marriage in either's religious law without either of you converting to any particular religion.  Hence you can get your marriage registered under Special Marriages act only.



2. If so, I would like to know the process (pre-requisites, location, any concerned who can be reached out to) to carry out the same in Mumbai City.
Visit a nearest registrar's office, you will find the information and procedure to get your marriage uder the said act displayed i the notice board kept outside the office or even the registrar will help you become aware of the procedures to be followed in this regard.



3. What would be the quickest way to obtain the marriage certificate after the registration of marriage?
You will get the marriage certificate immediately within three working days after registration.
T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
Dear Querist
My opinion on your queries are as under:

1. Is it true that the marriage can only be solemnized under the Special Marriage Act?
Opinion: Yes, until and unless she convert in Hinduism.

2. If so, I would like to know the process (pre-requisites, location, any concerned who can be reached out to) to carry out the same in Mumbai City.
Opinion: You can contact Mr. Ajay Sethi Adv. who is also on the penal of this site.

3. What would be the quickest way to obtain the marriage certificate after the registration of marriage?
Opinion: Under Special Marriage Act, 30 days time is mandatory, if she is ready to convert then same day of your marriage the certificate can be issued by the Marriage Registrar.

4. How many days would it take to receive the marriage certificate?
As above.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. Unless either of you converts to the religion of another your marriage can be done only under SMA. This, however, does not prevent you from solemnizing the marriage in accordance with Hindu and/or Christian rituals, but the date of marriage will be the one on which you marry under SMA. 

2. Both of you need to submit your intention to get married to the registry office along with the residence certificate (i.e. proof of residence), birth certificates, and two passport sized photographs and few affidavits each. Then a notice will be issued to your residential address to invite objections to the marriage/

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.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
the most easiest way to covert her into Hindu and solemnize marriage in a temple and at the next day get your marriage registered (if you want to solemnize it under HMA and exclude any difficulty) 

otherwise solemnize marriage under SMA before three witnesses and get it registration. It may take 3-4 days to complete legal process.  
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
1. Yes, you shall have to marry as per Special Marriage Act if non of you wish to get converted to  either christianity or hinduism,

2. Contact your local Marriage Registrar who will inform you the requirements in details. You shall have to first submit your application with ID proof and proof of address. A  notice will be sent to both of your given addresses and 30 days after the date of notice your marriage will be registered,

3. You will get the marriage certificate immediately after registering your marriage,
4. After registering your marriage before the Registrar, he will issue the certificate immediately.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
Hi, Both of you are belonging to the different religion you have to solemnize your marriage under Special Marriage Act only.
2, First you have to file an application before the jurisdictional Sub-Registrar and thereafter you have to wait for 30 days and then only you can register your marriage. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14090 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5231 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
438 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0