• Married with Indonesian in Tamil Nadu

Hi sir, 
     I'm Indian Hindu , I have one Girlfriend from Indonesia . I am planning to marry her in India . But we both different religious. She is Muslim. But she ready to convert  Hindu . My question how I marry her in India and what are all the document we both need to carry .Hiw about her visa in India. Now currently we both working in Singapore.so pls help us for our marriage.
Asked 2 years ago in Family Law from Singapore
Religion: Hindu
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.

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.
T Kalaiselvan
Advocate, Vellore
35910 Answers
390 Consultations

5.0 on 5.0

1) your girl friend can convert into Hinduism 

2) you can get married as per Hindu Vedic rites in India 

3) after marriage you can register the marriage in india 

4) for registration you need to fill in the marriage registration form 

5) you would need address proof and identity proof of both the parties 

6) 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.

7)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.

Ajay Sethi
Advocate, Mumbai
45738 Answers
2692 Consultations

5.0 on 5.0

1`) if your girl friend is not willing to convert into Hinduism you can marry under provisions of special marriage act wherein it is not necessary for your fiancee to convert into Hinduism 

2) for conversion you need conversion certificate from the priest who solemnises your marriage . 

3) registration of marriage has to be done in city in Tamil Nadu wherein your marriage is solemnised and you have address proof of residence . 

4) you need 3 witnesses for registration of marriage along with their address proof and identity proof 

5) after marriage your wife can after one year continuous stay make  an application for Indian citizenship  on grounds of marriage to an Indian citizen,
Ajay Sethi
Advocate, Mumbai
45738 Answers
2692 Consultations

5.0 on 5.0

1. Since you two belong to different religions and different countries, you are required to marry as per foreign marriage Act,

2. Any of you can also get converted in to the other's religion and get married as per the Marriage Act applicable to the said religion i.e. Hindu Marriage Act, Islamic Law, Christian Law etc. and get your marriage registered in India accordingly,

3. She can come to India after obtaining VISA and then get married duly informing her Consulate in India.
Krishna Kishore Ganguly
Advocate, Kolkata
18547 Answers
449 Consultations

5.0 on 5.0

1. You can get herself converted at any Hindu temple run by either ISKON or Arya Samaj. Search for such temples at Indonesia and if you do not get the same come to India and get her converted. Make sure to collect official certificate of such conversion,

2. You can get your marriage registered at the Indian Consulate at Indonesia as per Foreign Marriage Act,

3. You shall have to deal with your parents for their accepting or non acceptance which will not influence your marriage at all legally,

4. She can stay at India as long as her VISA permits and can get her VISA extended periodically declaring her marriage to an Indian.
Krishna Kishore Ganguly
Advocate, Kolkata
18547 Answers
449 Consultations

5.0 on 5.0

1. She does not need to convert to marry you. If, however, she becomes a Hindu she may marry you and then your marriage may be registered under Hindu Marriage Act. Unlike other religions there is no procedure laid down to convert to Hinduism. All that she has to do is give out a public notice that she is now a Hindu. 

2. Even without conversion you may marry her in accordance with the provisions laid down in Special Marriage Act. For a foreigner to marry 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 registrar 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. She may come to India with her original Certificates on a Tourist Visa and post registration of Marriage convert it into "X" Visa.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

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