• Registration of marriage with foreigner

I am indian citizen from Gujarat currently residing in Bangalore. I married an Indonesian citizen in Jan 2009 in Indonesia. I have marriage certificate issued by Indonesian Authorities.

I would like to register my marriage in India. As I am from Gujarat all my identity and address proofs are from Gujarat, but at the moment I am residing with my wife in Bangalore.

I would like to know how can I register my marriage. What documents are needed and where could I register it.

Regards,

Abdulmunaf
Asked 2 years ago in Family Law from Bangalore, Karnataka
Religion: Muslim
Hello,
If you have a certificate of marriage issued by Indonesian Authorities you don't require to register your marriage in India as this certificate would suffice.

If you want to register your marriage in India you will ei need to get married as per The Foreign Marriage Act before the diplomatic or consular officer appointed for such purpose.

If you have been living in Bangalore for more than 30 days you can show your current address for the purpose of marriage under this Act.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1) the foreign marriage can be  Registered under the Foreign Marriage Act,1969 in Indonesia  (before the Indian High Commission and or before the Indian Consulate Generals Office as the case is)

2) In case a marriage between an Indian and a foreign national is to be registered in india , generally its required to file a notice of intended marriage with a Marriage Registrar in Bangalore . 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.

 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.

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
23145 Answers
1215 Consultations
5.0 on 5.0
Dear Querist
It is sufficient.  But if you want to register your marriage in India too then apply before registrar office along with all your id and address proof and rent agreement if you lived in bangalore since 30 days.
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
MR. You can even register in the jurisdiction sub-registrar office under special marriage act.

The documents required for registration are:

1. Copy of passport (Both the parties)
2.
Javeed S
Advocate, Bangalore
4 Answers
0 Consultations
Not rated
sorry 
1. Copy of passport (Both the parties)
2. Birth Certificate (Both the parties)
3. copy of Visa (party who is from out of India)
4. Copy of rental agreement where the party resides.
5. Copy of five passport size photographs (both parties)
6. three witnesses.
7. Copy of the identity of the party from India.
8. Copy of the residence proof of the party from India.

The procedure takes thirty days, which is notice period.
Thanks.
Javeed S
Advocate, Bangalore
4 Answers
0 Consultations
Not rated
Hi,

yes  can be registered.you just have to apply for a marriage certificate  furnishing both parties and your marriage details. you can do it in Bangalore . There will not be any delay as there is no notice period  to wait.

      Yes it is possible under law to register your marriage in India under Sec.17 of The  Foreign Marriage act 1969", For this you need to have a proof to show that your marriage is solemnized in Indonesia. The marriage officer in India has to be satisfied that the marriage took place as per section 4  of the act, which talks about the conditions required to marry.

Now the section 17 of the Foreign Marriage act 1969" is as follows.:-
REGISTRATION OF FOREIGN MARRIAGE SOLEMNIZED UNDER OTHER LAWS 
17. 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 at least 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 this 
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 

(3) The Marriage Officer may, for reasons to be recorded in 
writing, refuse to register a marriage under this section on the 
ground that in his opinion the marriage is inconsistent with 
international law or the comity of nations. 
(4) Where a Marriage Officer refuses to register a marriage under 
this section the party applying for registration may appeal to the 
Central Government in the prescribed manner within a period of thirty 
days from the date of such refusal; and the Marriage Officer shall 
act in conformity with the decision of the Central Government on such 
appeal. 
(5) Registration of a marriage under this section shall be effected by 
the Marriage Officer by entering a certificate of the marriage in the 
prescribed form and in the prescribed manner in the Marriage 
Certificate Book, and such certificate shall be signed by the parties 
to the marriage and by three witnesses. 
(6) A marriage registered under this section shall, as from the date 
 of registration, be deemed to have been solemnized under this Act.

Please read online "the foreign marriage act 1969" sec.4&17
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
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.

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)


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.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
I completely agree with Ajay Sethi.
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
4.9 on 5.0
Hi, if you wan to register your marriage the address proof issued by either Government of India or State Government either in Gujarat or Karnataka is must  and address mentioned in the ID card is decide the Jurisdiction of the Sub-register if you provide Address proof in Bangalore you can register in Bangalore or you can register in Gujarat.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. Your marriage as per Indonesian Act in India is perfectly valid,

2. However, if you further want to register your marriage in India, you shall have to marry as per Special Marriage Act, 1969  which you can do even in Indonesia before the Indian High Commission,

3. Alternatively, you can marry in India also as per the said Act and get it registered in India.
Krishna Kishore Ganguly
Advocate, Kolkata
12074 Answers
228 Consultations
5.0 on 5.0

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