hindu bride n chritian non-indian groom marriage in INDIA

@ Author 

1.     Bear in mind that both of you need to get your marriage Registered under Special Marriage Act.

2.     You also need to bear in mind that as per the requirement of the period of stay under the Special Marriage Act to get married and registering the marriage the minimum period of stay should be not less than 30 days in India. Hence, from your brief what I can make out is that to do this, prior one month's written notice in prescribed form you are giving and you also will be required to give proof that both parties are legally capable of marrying also has to be submitted (this is a declaratory Affidavit duly Notarized). Since you mentioned he is coming in 30 days time so thereafter, after the lapse of one month, marriage can be solemnized by attending Registrar of Marriages along with 3 witnesses. The Marriage Registrar will solemnize your marriage.

3.     You need following documents;
 
- His Passport (Document showing his Nationality and Proof of residence)
- Any document showing your Proof of Birth and age such as. Birth Certificate  
or School leaving Certificate.
- A declaratory Affidavit duly Notarized stating both of your current matrimonial
status and also providing more information with regards to your domicile, age and the place of your permanent residence.

4.     You need to go to the office of Sub-Registrar in whose jurisdiction either the husband or wife resides (here it is your Jurisdiction which is counted as he is in overseas) and mostly the office timings are from 9.30 a.m. to 1.00 p.m. on any working day.

5.     Papers (documents) and required fees that you need to take with you are

- Application form duly filled and signed by the bride and the groom.
          - Fee of Rs.15/- is to be deposited with cashier of District and the receipt
            should be attached with the form.
         - Documentary evidence of date of birth of both parties (Matriculation
           Certificate / Passport / Birth Certificate True Xerox Copies).
         - Documentary evidence regarding stay in Mumbai of one of the parties for
           more than 30 days (Ration card or report from the concerned SHO).
         - Separate affidavits from bride and groom giving:
            a. Date of birth.
             b. Present marital status: unmarried/widower/ divorcee.
            c. Affirmation that the parties are not related to each other within the 
            degree of prohibited relationship defined in the Special Marriage Act.
         - Passport size photographs of both parties (2 copies each) duly attested by a
           Gazetted Officer.
         - True Certified Xerox Copy of divorce decree / Order in case of a divorcee and
           death certificate of spouse in case of widow / widower. 

      6. For solemnization of marriage, presence of both parties is required after            submission of documents of issuance of notice of intended marriage. A copy            of the notice is pasted on the office notice board by the SDM. Any person            may within 30 days of issue of notice, file objection to the intended            marriages. In such a case, the SDM shall not solemnize the marriage until he            has decided the objection, within 30 days of its receipt. If the SDM refuses to
          solemnize the marriage, any of the parties may file an appeal within 30 days 
          to the District Court. In case no objection is received, the SDM solemnizes
          the marriage after 30 days of the notice. Both parties alongwith 3 witnesses
          are required to be present on the date of solemnization of marriage. It is
          advisable to submit names of witnesses’ atleast one day in advance

thnak you very much mr.rajeev rakheja.

sir, 1 specifically want to know, if this requires both the parties to be indian nationals(may they be staying abroad). because, in our case, bride is indian, born n living in india, but the groom tobe is usa citizen, who is neither born in india, nor living in india. only he has visited india twice before. i remember of having read in one of the government website, that, this law is for indian nationals. so i want to confirm, if foreinger can marry with indian under this special act or not.. thnx

@ Author,

Thank you for asking concluding relevant que. of your presented brief.

In case one of the parties is a foreign national, no objection certificate / marital Status certificate from the concerned Embassy should be sought which is the only thing to pay more attention in presented brief of yours is my observation;

Also refer to https://www.state.gov/documents/organization/86802.pdf especially Part 7 FAM 1453.2 as well as Part 7 FAM 1455.1 and in my opinion State Dept. has not repealed and or omitted till date this .PDF file so it is a valid source!

Reasoning:

For both of your peace of mind also refer to Law in India under Special Marriage Act, 1954 by referring to Bare Acts Forum of LCI.   

Here are Laws of the land on subject matters basis which my reply stands on its own feet;
 

Issue - Section 1 & 4 - Marriage between foreign national and Indian - Whether the marriage can be solemnized of an Indian Citizen with a foreign national in India under the provisions of the Special Marriage Act, 1954.

Held A foreigner can get married in India with a girl of Indian Nationality under the provision of the Special Marriage Act 1954. Any two persons in India, where one of them or both of them are foreigners or both of them are Indians can enter into a form of marriage under the Act.

Authority Referred - Vatsala & others vs. Sub-Registrar and Marriage Officer and others Kar L.J. 1981 (1) 294

Held Section 4(a) states that marriage between any two persons may be solemnized under this Act if neither party has a spouse living. All that it says is that if either party has a spouse living at the time of marriage, the marriage can not be solemnized under the Act.

Authority Referred - Paramenshwari Bai V. Muthojirao Scindia AIR 1981 Kant 40

Also read SC (authority) post at https://www.lawyersclubindia.com/forum/Hon-ble-SC-on-Registration-of-marriage-23614.asp



Lastly if you are still not convinced by my replies then feeling that you are from my lovely hometown read down official State website https://mumbai.usconsulate.gov/marriage.html  yourself and once both of you are happily marrried off before flying on your honeymoon comeback to this post and thank LCI to have given both of you a platform to be now happily married off :-))))))))) just kidding....................on this note I close this post from my side and maybe other subject experts may throw their ld. wisdom if required by both of you.............


All the best.