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Udayan Patel (Retired)     28 April 2010

Court Civil Marriage of Hindu Boy & Hindu Girl

My Son has just completed his Engineering in US and has become US Citizen . He wants to marry a Hindu Girl from our communitity with the consent of Girl and parents from both the side in Court to be solemenized by appropriate authority

 

Can a Hindu Boy & Hindu Girl get married in the court ? If yes which court he has to approach ? From where necessary application form can be obtained ?

I would like to get advise in the matter so that we can proceed further to initiate the formalities . What are the obligation on the part of boy & Girl both and their parents ?

 

Thanks in anticipation

 

Regards

 

Udayan Patel



Learning

 4 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     28 April 2010

Dear Patel Ji,

There is no procedure of  "Court Marriage", but its a "Civil Marriage" before the Registrar of Marriage, kindly go through the following details, and for full details approach the "Office ofthe Sub-Registrar" of your District.

Civil Marriage Ceremonies in India

 

Parties who do not wish to marry in a religious ceremony can instead opt for a civil ceremony pursuant to the Indian Special Marriage Act of 1954.

 

 

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.

 

Udayan Patel (Retired)     28 April 2010

Dear Mr Aejaz Bhaijan

Thanks a lot for valuable information and inputs. 

My Son has never married and is currently a bathchlor . Is it must for him to get a NO OBJECTION Letter from US Consulate ?

Incidently let me tell you that I was told by a local Lawyer that there is no rule which permits marriage in civil court between two Hindus., however it is permitted if one of the partner is from other religion--  which I never believed hence I posted my question in the forum.

Is Indian Marriage ASct of 1954 still valid ? Are there any ammendments thereafter ?

I visited website of Law Commission of India and what I found was to confusing for a normal person like me

Will you please enlighten me further on my querries ?

Thanks

Udayan Patel

adv. rajeev ( rajoo ) (practicing advocate)     28 April 2010

There is no court marriage.  Both can marry in the temple or in the house after that they can get it regd., with Registrar of Marriages ( Sub-REgistrar of the concerned TQ).  It is sufficient and valid marriage.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     28 April 2010

For forenginers, there is a special act for marriage.

So Hindu marriage act will not be applicable in case one party belongs to other country.

There is a foreign marriage act, 1969.

So you have to approach the Magistrate of your locality and he has powers to get the court marriage done under this act. plz contact any local lawyer and he will guide you thoroughly.

Regards

adv.kamal.grover@gmail.com


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