• Marriage of Malaysian girl with indian boy

Hi,  I am sajid living near Surat, Gujarat
My fiance ,she is Malaysian muslim girl. We want to marry in india and register our marriage in india
So what is requirements for me and for her to get marry in india? How many days visa she will need?
As our parents agree and so can we perform marriage as Islamic way and register on that base?
Our we need to follow any other procedure?
Looking for answer ,please if u can
With thanks
Asked 8 months ago in Family Law from Surat, Gujarat
Religion: Muslim
1. You can marry her in accordance with Special Marriage Act (SMA) whereunder the marriage should be compulsorily registered. 

2. To marry a foreigner in India 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. For foreigners, this is evidenced by a certificate from the local police station or Copy of C Form or FRRO Registration copy accordingly.  
 
3. You are required to to submit your intention to get married to the registrar of marriages (as per your Jurisdiction District), 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.

4. 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.

5. 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.

6. As 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
18167 Answers
449 Consultations
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1) Since both  you and your wife are Muslims you can solemnise your marriage as per Muslim personal law 

2) you can register your marriage in India 

3) in the alternative you can get married under provisions of special marriage act . 30 days notice would have to be given in such a case . At the end of 30 days registrar can solemnise your marriage 

Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Registration of marriage is a mode of proof of marriage. A marriage in India is required to be registered under Indian marriage law. 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.

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.

The following documents are required for both the partners for register the marriage 
1.	A valid Passport
2.	original Birth Certificate showing parents' names
3.	if the person concerned is widowed, the original death certificate of the deceased spouse
4.	If divorced, copy of the final decree
5.	documentary evidence regarding stay in India of the parties for more than 30 days (ration card or report from the concerned SHO)
For the clause 5 create a rent agreement soon for period of not less than 30 days prior to filing application  

Procedure for registration.- 
Parties who intend to get married under the Special marriage Act shall give a notice in writing in the specified form 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. Upon receipt of an application signed by both the parties to the marriage for the registration, the Marriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objection and after hearing any objection received within that period, shall, if satisfied that all the conditions are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the prescribed form and such certificate shall be signed by the parties to the marriage and by three witnesses.


CERTIFICATE OF MARRIAGE
After the marriage has been solemnized the Marriage Officer shall enter a certificate in the Marriage Certificate Book and this shall be signed by the parties to the marriage and the three witnesses and this shall be conclusive evidence of the marriage.

Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1) if you marry in Islamic way you can apply directly for registration 

2) 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 

3) The following documents are required for both the partners:

a valid Passport
original Birth Certificate showing parents' names

documentary evidence regarding stay in India of the parties for more than 30 days ( report from the concerned SHO)
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Dear Sajid
you may solemnized your marriage as per Islamic Rites and rituals, i.e. Nikah
after performing Nikah, based on Nikah you may apply for registration of Marriage before Marriage registrar along with all the documents, i.e. valid Identity proof, valid Adress proof, date of Birth proof, passport Size photographs and witnesses.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Look you are free to marry her according to Islamic rituals but if the marriage is to be registered then it can be registered only under SMA. Marrying in Islamic way does not preclude you from applying for registration under SMA
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
A marriage registration under special marriage act take 30 days is not a lengthy time in your life. If you are done the registration proper way you will suffer because your wife is a foreign citizen even if she is muslim   
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
The marriage can be solemnised under The Special Marriages Act, 1954.
The requirements are:
The marriage performed under the Special Marriage Act, 1954 is a civil contract and accordingly, there need be no rites or ceremonial requirements.
The parties have to file a Notice of Intended Marriage in the specified form to the Marriage Registrar 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.
After the expiration of thirty days from the date on which notice of an intended marriage has been published, the marriage may be solemnised, unless it has been objected to by any person.
The marriage may be solemnised at the specified Marriage Office.
Marriage is not binding on the parties unless each party states "I, (A), take thee (B), to be my lawful wife (or husband)," in the presence of the Marriage Officer and three witnesses.

Conditions of marriage:
Each party involved should have no other subsisting valid marriage. In other words, the resulting marriage should be monogamous for both parties.
The bridegroom must be at least 21 years old; the bride must be at least 18 years old.
The parties should be competent in regards to their mental capacity to the extent that they are able to give valid consent for the marriage.
The parties should not fall within the degree of prohibited relationship.

Subject to above any other form of marriage as per individual's sentiments cannot be held as a valid marriage as she is a foreign citizen.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
So if i marry according to Islamic way that is in masjid then i can register directly on that base?

No, Even then you may have to follow the procedures meant for registering the marriage under special marriages act to make the marriage valid.




Or do i need to follow the lengthy more than 30 days process also? So for both case of marriage , what documents i will need? And what documents she will need ? Please specify, thanks

The marriage registration is to be done as per the provisions of the special marriages act.

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 Second Schedule to the Marriage Officer of the district in which at least on 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.

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.

Any person may, before the expiration of thirty days from the date on which any such notice has been published under sub-section (2) of section 6, object to the marriage on the ground that it would contravene one or more of the conditions specified in section 4.

Before the marriage is solemnized the parties and three witnesses shall, in the presence of the Marriage Officer, sign a declaration in the form specified in the Third Schedule to this Act, and the declaration shall be countersigned by the Marriage Officer.

 The marriage may be solemnized at the office of the Marriage Officer, or at such other place within a reasonable distance therefrom as the parties may desire, and upon such conditions and the payment of such additional fees as may be prescribed.

 The marriage may be solemnized in any form which the parties may choose to adopt:

When the marriage has been solemnized, the Marriage Officer shall enter a certificate thereof in the form specified in the Fourth 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.

 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 signatures of witnesses have been complied with.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0

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