• Regarding marriage between indian and foreigner

Hello sir/mam 
 My name is harmeet singh i am indian citizen and my gf name is jillian maggs she is Australian and In August 2016 Jillian and her mother Marilyn coming to india for marriage in India....can you please help with some advice how to get married in india or how to get registered......we were looking to get married in temple/gurudware and get certificate from temple/gurudware and get registered in court.... so please help us what is good for us And tell us what documents we need .
Thank you
Asked 6 months ago in Family Law from Bareilly, Uttar Pradesh
Religion: Sikh
Hi, Before registering her marriage in India she has to reside at least 30 days in India.

2. As far as registering the marriage is concerned your voter ID, age proof, address proof required and the same documents also required form the girl side also.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hi, It is better you can go to the your jurisdictional Sub-Registrar office and they will guide in the matter.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) if both parties are hindus marriage can be solemnised under provisions of Hindu marriage act 

2) if your fiancee is not Hindu she should convert into hinduism and then marriage can be solemnised under provisions of HMA in temple or gurdwara as desired by you 

3) after marriage is solemnised you can apply for registration of marriage in india 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 

4) . For proof of marriage, submit a certificate from the pundit  who solemnised the marriage. Keep in mind that both parties will need to disclose their previous marital status, if any.  Lastly, you will have to deposit a fee with the cashier and attach the receipt with the form.

5)Once the application has been submitted and the documents verified , the concerned officer will assign a date for registration, when the marriage certificate will be issued . The people who have converted to Hinduism also come under the purview of the Act, but will have to provide a certificate of conversion from the priest who solemnised the marriage, along with relevant documents.



6) in case your girlfriend does not want to convert into hinduism marriage can be solemnised under provisions of special marriage act 

 
Ajay Sethi
Advocate, Mumbai
23325 Answers
1220 Consultations
5.0 on 5.0
for marriage under provisions of SMA file a notice of intended marriage with a Marriage Registrar in Barilley UP  . 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
23325 Answers
1220 Consultations
5.0 on 5.0
1. You may marry her under Special Marriage Act. A Certificate of No Record (as it is called in Australia) is required.

2. 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 registrar or marriages 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 have to submit your intention to get married to the registrar 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 registrar's 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.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Dear Querist
Solemnized your marriage before temple or gurudwara and registered the same before marriage registrar.
Registrar issue a marriage certificate which will be valid in all over the world.
There is no interference of high commission.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Though you may intend to celebrate your marriage as per Sikh religious rites and caste customs, the marriage can be solemnised as per the provisions of Special marriages Act 1954.  The details of which are given below:
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)
The American citizen who wishes to participate in a civil marriage ceremony may be required to present to the marriage officer a “no objection letter” from the U.S. Embassy or Consulate, as well as proof of termination of any previous marriages. Similarly, 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
14122 Answers
127 Consultations
5.0 on 5.0
I asked some lawyers in bareily they are lack of knowledge some lawyers said if you get married in temple/gurudware you cant get nationality of Australia and some said we cant register they said embassy will register....we know jillian needs no impediment letter to marriage from Australian high commission in newdelhi...can you please help us with proper way of doing it or what documents we need to do marriage or get registered.




The Indian Special Marriage Act 1954 permits marriages between persons who are not of the same community or who have different religions or nationalities. The scope of the Act includes the entire territory of India and extends to intending spouses who are both Indian nationals living abroad.

The groom must be at least 21 years old, while the bride must be at least 18 years of age. Both parties should have full mental capacity and not be currently married. Parties to the marriage must provide notice of their intention to solemnize the marriage before a marriage officer in the district where at least one of the parties has resided for at least 30 days prior to the notice. Notice of the intended marriage is entered into the Marriages Notice Book, which is open for public inspection with an inspection fee. The public has the right to object to the marriage for the following 30 days. Any objections must be investigated and resolved within an additional 30 days.

Prior to the solemnization of the marriage, the parties and three witnesses must sign a declaration in front of a marriage officer, who will also sign the document. The marriage may be solemnized in any form that the parties wish to adopt as long as the solemnization occurs at the marriage officer's office or any place that the marriage officer sanctions. The marriage must include the exchange of the following statement: "I (name of self) take you (name of partner) to be my lawful (wife or husband)." After the solemnization, the marriage officer will enter the certificate in the Marriage Certificate Book. The parties and the three witnesses must sign the certificate. The entry of the certificate in the book is deemed conclusive evidence of a lawful marriage. 

Any marriage in India may be registered under this Act. The parties must jointly apply for the marriage registration. After 30 days of notice to the public, the marriage officer will enter the certificate into the Marriage Certificate Book. The spouses and three witnesses must sign the certificate.
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0

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