Marriage registration in india
Ram
(Querist) 31 January 2014
This query is : Resolved
Hi !
I am basically from Nepal and have been living in india for more than 11 years now . I am planning my wedding in india itself and my query is, can my marriage be registered in india ? will marriage registration be valid ?
Thanks
Ram
R.V.RAO
(Expert) 31 January 2014
Legally getting married in India as a foreigner is a lengthy and time consuming process. You should be prepared to spend around 60 days in India. Here are the basic legal requirements for getting married in India.
In India, civil weddings are governed by the provisions of The Special Marriage Act (1954). There’s 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 registry office to get married. For foreigners, this is evidenced by a certificate from the local police station.
You’ll need to submit your intention to get married to the registry office, along with evidence of residency, certified copies of passports and birth certificates, and two passport sized photographs each. It's only necessary for one of the parties, not both, to be present to submit the intention to marry.
In addition, evidence of eligibility to be married is usually required. Anyone who hasn’t been married should obtain a single status affidavit (in the US), a Certificate of No Impediment (in the UK), or Certificate of No Record (in Australia). If you’re divorced, you’ll need to produce the Decree Absolute, or if you’re widowed, a copy of the death certificate.
If no objections to the marriage are received within 30 days of the application, a civil ceremony at the registry office can then take place. Three witnesses are required, who have to provide passport sized photographs, as well as identification and proof of address. The marriage certificate is usually issued a couple of weeks after the wedding.
source: www.goindia.about.com
Rajendra K Goyal
(Expert) 31 January 2014
Well advised by the expert R.V.RAO ji, agree to it.
Marriage can be performed under special marriage act.
Dr J C Vashista
(Expert) 01 February 2014
I would respectfully differ with the experts since the marriage is governed by HMA and not SMA, although auther is a Nepali citizen.
Of course stay for a month in India is required.
R.V.RAO
(Expert) 01 February 2014
Dr.sri vashista ji,kindly enlighten us diff. between Hindu Marriage act and Special marriage Act in general also and in this particular case also?
iam honoured if you pl. tell us whether under SMA , suppose if the above marriage done will it be set aside or not eligible , for registration in india.
because the queriest wants marriage regn. also here in india after the marriage.
Rgrds &thnks
Dr J C Vashista
(Expert) 02 February 2014
Dear Sh. R V Rao,
In HMA the marriage is registered after solemanisation/consumation of marriage by Hindu couple and no notice is given/issued by the registrar of Marriages.
Whereas under the provisions of SMA the applicant couple(any religion) submit their intention to marry (before marriage) and notice of 28 days is (mandatory) issued by the Registrar.
T. Kalaiselvan, Advocate
(Expert) 02 February 2014
I agree with Mr. Rao that a marriage of foreigner being registered in India will be under SMA though the author a Hindu by religion but a Nepali by citizen.
