In the past many years, India has seen a trend of its citizen getting foreign citizenship or settling abroad. The five main countries Indians prefer are the US, Canada, Australia, England and Italy. Every year the number of Indians residing abroad is increasing as they search for better education, a guarantee of a good career and economic prosperity. However, many Indians prefer to marry Indian nationals only.

In India, to solemnise/register a foreigner’s marriage, s/he needs to follow the procedure to do it. The procedure for a foreigner to get married in India depends on whether the parties wish to participate in a religious or civil ceremony.

Religious Marriage Registration

A religious wedding ceremony is considered a legal marriage. In any case, the majority of India’s states already require marriage registration as a matter of law. A legal marriage certificate from the Registrar of Marriages is required for immigration and visa purposes. For diverse religions, there are different laws and principles. For instance, the Parsee Marriage and Divorce Act for the Parsee, the Christian Marriage Act, the Muslim Marriage Act, and the Hindu Marriage Act.

The Hindu Marriage Act applies when the bride and groom are Hindus, Buddhists, Jains, or Sikhs, or have converted to one of these religions. According to the Hindu Marriage Act, the groom must be 21 years old and the bride must be 18 years old, and neither of them may be in a relationship, which is to the extent that it is forbidden.

Individuals married under the Hindu Marriage Act may seek a formal marriage certificate from the Registrar of Marriages. If one of the parties is not Indian, the registrar may request a “no objection letter” and proof of termination of any prior marriages. This request can be satisfied by getting an affidavit from the foreign’ s Consulate or Embassy.

Documents required for registering a marriage under the Hindu Marriage Act are as follows:

• Application form signed by a couple.
• Documentary proof of date of birth of both Husband and wife (Birth Certificate/Matriculation Certificate/Passport)
• Affidavit by both the bride and groom’s parties stating date and place of marriage, date of birth, marital status at the hour of nationality and marriage.
• Two passport-size photographs as well as one marriage photo of both parties.
• Marriage greeting card, if available.
• If marriage was solemnised as per religious ceremony, a priest’s certificate is required who observed the marriage.
• An attestation that both parties are not related to one other and are within the prohibited degree of relationship, according to the Hindu Marriage Act or Special Marriage Act.
• A valid visa for more than 30 days.
• A no-objection letter.
• A Gazetted Officer must attest all the documents only excluding receipt.

The registrar will give confirmation of the documents on the date of application and will convey the date to the parties for registration. On the said day, the two parties along with the couple and a Gazetted Officer who went to their marriage should be available before the Sub-Divisional Magistrate. The marriage declaration under the Hindu Marriage Act is issued within a couple of days or on the same day.

Civil Marriage Registration

Couples who do not wish to marry in a religious ceremony may choose a civil ceremony as defined under the Indian Special Marriage Act of 1954. Under this Act, one might enrol any marriage in India. If a marriage between an Indian and a foreign national is to take place in India, it is typically necessary to file a notice of the prospective marriage with a marriage registrar of one’s choice in India.

Eligibility criteria for registration:

• neither party has at the time of registration more than one spouse living;
• neither party is an idiot or a lunatic at the time of registration;
• the parties should have completed their legal age of marriage at the time of registration; and
• the parties are not within the degrees of prohibited relationship.

The documents required for the couple:

• Application form signed by a couple.
• Documentary proof of date of birth of both Husband and wife (Birth Certificate/Matriculation Certificate/Passport).
• Two passport-size photographs as well as one marriage photo of both parties.
• Residents of both parties must provide proof of their residency.
• A no-objection letter.
• If the couple was previously married, a death certificate or divorce order is required.
• The district court application form-related payments have been received.
• The parties’ affirmation that they do not share the type of connection that the Special Marriage Act forbids.

Procedure

After both parties sign the application form, the marriage officer shall give public notice in such a manner as prescribed and after allowing a period of thirty days for objections.

If any objections and after hearing the appeal of the objections. The marriage officer after being satisfied that the applicants fulfill all the conditions. After the solemnization, the marriage officer shall enter the declaration in the Marriage certificate book. For the ceremony to proceed, three witnesses are required for a judicial marriage. Both parties shall sign and declare in the manner set forth in the third schedule in the presence of the official and three witnesses. The entry of the decree in the book is considered convincing proof of a legal marriage.

The Certificate for a wedding will be issued once 30 days of notice to the public has been completed. The parties, three witnesses, and witnesses must all sign the certificate. The marriage official will enter the Marriage Certificate Book certificate.

LEGALLANDS has the requisite experience and skills and network to deal with Code of Civil Procedures 1908 and related civil and matrimonial laws and provisions, whether it is the process of mediation or obtaining an Award or Decree or Execution of the same. Our Expert professional team can study, interpret, and research, strategies- legal and lobbying, negotiate, formulate, draft contracts &, suits & claims & petitions, etc., for all sorts of Disputes such as Sale & Purchase of Goods or Services, Joint Ventures and Collaborations, Technology Transfers, Government Contracts, E-Commerce, Banking and Payment Settlements, Third Party Guarantees and many more.

View more articles Copyright Law