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.