In your situation, the correct and most practical law for marrying in India is the Special Marriage Act, 1954. This Act is specifically designed for marriages where one or both parties are foreign nationals or where the marriage is inter-religious. It allows a civil marriage before the Marriage Officer without any religious ceremony being legally required.
There is no legal requirement under the Special Marriage Act for families to be involved, informed, or present as a condition of validity. However, during the statutory 30-day notice period, the notice is displayed publicly at the Marriage Officer’s office. This is a procedural formality and not a family consent process.
Regarding embassy documents (NOC or marital status certificate):
Legally speaking, the Special Marriage Act itself does not mandate an NOC from a foreign embassy. What the Act requires is proof of:
• age
• identity
• current address in India (30 days’ residence in the district)
• passport and valid visa
• a declaration that both parties are unmarried (or divorced/widowed, if applicable)
However, in practice, many marriage registrars insist on either:
• a Single Status / No Impediment Certificate from the foreign partner’s embassy, or
• a sworn affidavit by the foreign national stating marital status, nationality, passport details, and that there is no legal bar to the marriage.
If the Syrian embassy does not issue such certificates (which is common with several countries), Indian registrars generally accept the following alternatives:
• A notarised affidavit by your girlfriend declaring she is unmarried and legally free to marry
• Sometimes attested by the Ministry of External Affairs (MEA) or a local notary
• Copy of passport + visa + proof of long stay in India
Many registrars proceed on affidavit alone if the embassy refuses to issue documents — there is no central law forcing embassy NOC.
About marrying while she is on a student visa:
There is no prohibition in Indian law on getting married while on a student visa. Marriage itself is lawful. However:
• The student visa will not automatically convert into a spouse visa
• After marriage, she should apply for an Entry (X) Visa or spouse visa based on marriage to an Indian citizen
This is a routine process handled by FRRO/FRO in India.
On OCI eligibility:
OCI is not immediately available to a foreign spouse upon marriage. The general rule is:
• After 2 years of marriage, and
• Continuous residence in India for at least 1 year,
she may become eligible to apply for OCI (subject to government discretion).
Until then, she will normally stay on a spouse/long-term visa.
Now specifically answering your last question clearly:
No — it is not compulsory under law to get an embassy NOC or marital status certificate.
If the embassy does not issue such documents, the commonly accepted alternatives are:
• A sworn affidavit of single status by the foreign partner
• Passport and visa copies
• Proof of residence in India
• In some districts, MEA attestation of the affidavit (not always mandatory)
Most Marriage Officers proceed on these.
Practical tips (important):
- Go directly to the Marriage Officer in your district and ask their exact local document list (requirements vary slightly by office).
- If they insist on embassy certificate and embassy refuses — request acceptance of affidavit citing that embassy does not issue such documents (this usually works).
- Ensure she has proof of at least 30 days residence in the district (rent agreement, police verification, hostel letter, etc.).
In summary:
• Use Special Marriage Act, 1954
• Family involvement not legally required
• Embassy NOC is not legally compulsory — affidavit usually sufficient
• Marriage on student visa is allowed
• Post-marriage convert to spouse visa
• OCI possible only after time conditions