• Marriage to a Pakistani national in India

I am an Indian National Hindu female and Resident of UAE. I would like to know if I can have a civil marriage in India to a Pakistani National Muslim male, who is also a resident of UAE, without having to convert my religion from Hindu to Muslim. If possible, please advise procedure and documentation & time required. Also if we will get a legally valid Govt-issued Marriage Certificate after this.
Asked 11 months ago in Civil Law from United Arab Emirates
Parties should be Indian national at the time of solemnisation of marriage. so first consult him to change is citizenship. Proof of marriage, ID and address proof and two witness, proof about minimum 6 months resident in India are required for slemnisation of marriage under special marriage act. 
Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
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1) In case a marriage between an Indian and a foreign national is to take place in India, generally its required to file a notice of intended marriage with a Marriage Registrar in city wherein your marriage will be solemnised  

2)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.

3) The notice of intended marriage can only be given in India, if at least one partner is permanently and the other partner temporarily resident in India.

4) If one partner is residing in a foreign country then the partner who is resident in India will have to fill out the “Marriage Notice”  collected from the Marriage Registration Office of his/her choice in India and send it to his/her partner in the foreign country who will also have to fill it out. This “Notice” should then be sent back to the partner in India who will have to re-submit it at the Marriage Registration Office. After the stipulated waiting period of 30 days the marriage can take place in India. 

5) Under the Special Marriage Act, 1954 a certificate showing the signatures of the persons married, the registrar and the witnesses will be issued
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
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The following documents are required for both the partners:

a valid Passport
original Birth Certificate showing parents' names
if the person concerned is widowed, the original death certificate of the deceased spouse
If divorced, copy of the final decree
documentary evidence regarding stay in India of the parties for more than 30 days (ration card or report from the concerned SHO)
Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
1. The marriage can be done under Special Marriage Act.  A marriage under SMA does not require conversion of either party to the religion of the second party. There is a 30 day residency requirement, 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. 
 
2. You will have to submit your intention to get married to the registry office 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.
Ashish Davessar
Advocate, Jaipur
18245 Answers
449 Consultations
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The intended marriage can be solemnised under the special marriages act, 1954.
Parties who do not wish to marry in a religious ceremony can instead opt for a civil ceremony pursuant to the Indian Special Marriage Act of 1954.

In case a marriage between an Indian and a foreign national is to take place in India, generally its required to file a notice of intended marriage with a Marriage Registrar of your choice in India. 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.

The notice of intended marriage can only be given in India, if at least one partner is permanently and the other partner temporarily resident in India.

If one partner is residing in a foreign country then the partner who is resident in India will have to fill out the “Marriage Notice”  collected from the Marriage Registration Office of his/her choice in India and send it to his/her partner in the foreign country who will also have to fill it out. This “Notice” should then be sent back to the partner in India who will have to re-submit it at the Marriage Registration Office. After the stipulated waiting period of 30 days the marriage can take place in India. Under the Special Marriage Act, 1954 a certificate showing the signatures of the persons married, the registrar and the witnesses will be issued. This Certificate is required as proof of the marriage and when applying for a visa to for a foreign country.
T Kalaiselvan
Advocate, Vellore
14158 Answers
127 Consultations
5.0 on 5.0
The following documents are required for both the partners:

a valid Passport
original Birth Certificate showing parents' names
if the person concerned is widowed, the original death certificate of the deceased spouse
If divorced, copy of the final decree
documentary evidence regarding stay in India of the parties for more than 30 days (ration card or report from the concerned SHO)
A citizen of another foreign country may be required to present to the marriage officer a “no objection letter” from the Embassy or Consulate of his country, as well as proof of termination of any previous marriages.

In a nutshell, under the Special Marriage Act, the parties generally are required to wait at least 30 days from the date of initial application to formalize the marriage so that the marriage officer can publish a newspaper ad allowing for the opportunity for any objections to the marriage to be voiced.
T Kalaiselvan
Advocate, Vellore
14158 Answers
127 Consultations
5.0 on 5.0
Registration of marriage is a mode of proof of marriage. In case a marriage between an Indian and a foreign national is to take place in India, the marriage has to solemnize under the Special Marriage Act of 1954.Generally it is required to file a notice of intended marriage with a Marriage Registrar of your choice in India. 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.The notice of intended marriage can only be given in India, if at least one partner is permanently and the other partner temporarily resident in India.If one partner is residing in a foreign country then the partner who is resident in India will have to fill out the “Marriage Notice”  collected from the Marriage Registration Office of his/her choice in India and send it to his/her partner in the foreign country who will also have to fill it out. This “Notice” should then be sent back to the partner in India who will have to re-submit it at the Marriage Registration Office. After the stipulated waiting period of 30 days the marriage can take place in India. Under the Special Marriage Act, 1954 a certificate showing the signatures of the persons married, the registrar and the witnesses will be issued. This Certificate is required as proof of the marriage and when applying for a visa to for a foreign country. 

You can also opt The Foreign Marriage Act, 1969 .
This Act to make provision relating to marriages of citizens of India outside India. For the purposes of this Act, the Central Government may, by notification in the Official Gazette, appoint such of its diplomatic or consular officers (an ambassador, envoy, minister, high commissioner, commissioner, charge d’ affaires or other diplomatic representative or a counselor or secretary of an embassy, legation or high commission.) as it may think fit to be Marriage Officers for any foreign country. The requirement for this will be your age proof, (Passport, Birth Certificate) your address proof (Passport, Ration Card, Voters Identity card) and Martial status. The best for you both to give one notice for marriage under the Act of 1954 to the Marriage Officer of the District where you permanently reside in India, after one month notice period marry her in presence of 3 witnesses by the Marriage Officer, get Valid Marriage Certificate from the Marriage Officer.

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.




Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1. Neither you are getting converted to Islam nor he is embracing Hinduism. So, you can neither marry as per Islamic law nor as per Hindu Marriage Act,

2. You shall have to marry as per Special Marriage Act,

3. You shall have to give a 3 days notice for marriage to the marriage officer having jurisdiction of the area of your residence in India where you are required to stay for at least 30 days before giving the said notice. Your would be husband also is required to stay in India for at least 30 days before your giving the said notice,

4. There should be three witness while solemnising the marriage and each of you two shall have to say before the Marriage office and the three witnesses that you are taking the other person as your wife/husband.   
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
So I am not a permanent resident in India and don't have proof of residence in India except the permanent address of India mentioned in my Passport. Does that mean that we cannot get married under the Special Marriages Act in India? Or is it possible for me to come to India for a stay of 30 days and then provide a "Marriage Notice" to the Marriage Officer even if I am not a permanent resident of India? 
Though you dont reside in India, you are still a citizen of India and also your passport has Indian address which si sufficient to prove yourself. You may come down to India, stay back for 30 days (notice period) and start the formalities.



This implies that physical presence of the foreign partner at the time of Marriage Notice is not necessary. Please clarify.
Your understanding is right, physical presence is not necessary for marriage notice period for the foreign national desirous of getting married in India..



So please help me to find a way to get married to a Pakistani Muslim male without having to convert my religion from Hindu to Islam.
You can marry him in India under the special marriages act, 1954 without getting converted to Muslim religion.
T Kalaiselvan
Advocate, Vellore
14158 Answers
127 Consultations
5.0 on 5.0
1) if you dont want to convert to islam you can marry under provisions of Special marriage act and retain your own religion 

2)you are permanent resident of India as per your permanent passport . you have gone to Dubai temporarily for work purposes . 

3) physical presence of foreign partner is not necessary at time of issue of marriage notice .since you are permanent resident of india you can collect the form send it to your partner for his signature and submit it to marriage registrar 

4) 30 days waiting period is must after issue of notice only then can marriage be solemnised ,30 day residency requirement, 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.


5) Three witnesses are required, who have to provide passport sized photographs, as well as identification and proof of address. 

Ajay Sethi
Advocate, Mumbai
23375 Answers
1225 Consultations
5.0 on 5.0
In your case, marriage has to be solemnize under the Special Marriage Act of 1954 only.documents to be presented to the Indian authorities are usually:
•	your valid Passport
•	original Birth Certificate showing both your parents' names
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 
If no objections are received within 30 days from the date of notice of intended marriage, bridegroom and bride should appear before the Marriage Officer within next 60 days after lapse of initial 30 days from such notice along with three witnesses for solemnisation of the Marriage. Marriage Officer after following procedure prescribed under act and rules will solemnise the marriage

If one partner is residing in a foreign country then the partner who is resident in India will have to fill out the “Marriage Notice”  collected from the Marriage Registration Office o in India and send it to his/her partner in the foreign country who will also have to fill it out. This “Notice” should then be sent back to the partner in India who will have to re-submit it at the Marriage Registration Office. After the stipulated waiting period of 30 days the marriage can take place in India. Under the Special Marriage Act, 1954 a certificate showing the signatures of the persons married, the registrar and the witnesses will be issued. This Certificate is required as proof of the marriage and when applying for a visa to for a foreign country.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1. Your prospective spouse's Pakistani nationality is likely to make the road to marriage under SMA and FMA difficult. 

2. I repeat that you can get married under SMA if the procedure enumerated by me in the post is adopted. Due to the Pakistani nationality of your wife the government in India may not issue the certificate of residency to her, or the application may be kept on hold. This has happened in some cases before, and the precedent may be repeated. The requirement of residency for 30 days in India for the foreign national who wishes to marry under the Indian law is indispensable. 

3. If you have a permanent address in India then you will sail through if you reside therein for a minimum of 30 days. 

4. Without the physical presence of the parties before the Marriage Registrar the certificate of registration cannot be issued. 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" Visa. After 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. MHA will only directly accept cases that are pending with local FRRO/FROs for over 30 days, or in cases of medical emergency.
Ashish Davessar
Advocate, Jaipur
18245 Answers
449 Consultations
5.0 on 5.0
1. You have an Indian  passport where your permanent address has been mentioned. You can certainly marry as per Special Marriage Act duly following the laid down procedure like staying at your said address for at least 30 days prior to giving marriage Notice of 30 days,

2. Your spouse also shall have to stay  for the same mandatory period as temporary resident to comply with the rule,

3. Your problem is that you are marrying a person from an enemy country for which all govt.organisations will become ultra defensive and will try to avoid touching the matter. Few months back, under similar conditions, a Hindu male Doctor from UK married a Pakisthani female Doctor of the same place and the said marriage was registered at the Indian consulate under Special Marriage Act. The difference was that the lady had acquired U.K.Citizenship. You shall have to bear with this problem and your would be spouse also will face similar problem from all the concerned departments of his country.  
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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