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Requirements for registration of marriage

(Querist) 19 November 2010 This query is : Resolved 
My son is Hindu and an Indian National.
He is engaged with a christian girl of Romania
If they decide to register their marriage in India what documents are needed from both Boy and Girl.
What is the procedure to be followed if
a- They decide to formalize marriage as per hindu procedure
B- They decide to only register the marriage

Ravindra
Khaleel Ahmed Mohammed (Expert) 19 November 2010
No objection certificate should bring the girl from Romanian government.
(a) The girl must be converted to Hinduism.
(b) They can register the marriage with the registrar of marriages of your local area.
A V Vishal (Expert) 19 November 2010
a- They decide to formalize marriage as per hindu procedure: As suggested by Mr Khaleel, the girl ought to convert as a Hindu and the marriage can be solemnised in Arya Samaj, after which the same can be registered under the Hindu Marriage Act with the Marriage registrar.

B- They decide to only register the marriage

In case the girl doesnot wish to convert, then the procedure to be followed is determined under the Foreign Marriage Act as follows:

In case a marriage between an Indian and a foreign national is to take place in India, generally it is required to file a notice of intended marriage with a Marriage Registrar under whose jurisdiction you reside 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 Foreign 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 concerned Embassy or Consulate, as well as proof of termination of any previous marriages.
Ravindra (Querist) 19 November 2010
Thanks for the advise.

Presently both of them are employed in Netherlands.

Can they approach Indian High Commission in that country for completing procedure of marriage registration as advised above?

Regards
s.subramanian (Expert) 19 November 2010
yes
Khaleel Ahmed Mohammed (Expert) 19 November 2010
They can marry at Netherlands also.
Kirti Kar Tripathi (Expert) 21 November 2010
yes. i agree with experts.


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