How should an Indian lady go about marrying an Iranian man?
Priya
(Querist) 25 March 2010
This query is : Resolved
Both people in question are residents of the UAE and are objectively considering the implication of entering into a legal marriage and would appreciate your legal advise on the same.
Since this marriage (if it is feasible) will be an inter-religious, inter-racial one, there are several complications that can arise and are of concern to all involved.
Both people wish to retain their respective religions. Conversion is not an option. The lady is hindu and the man is muslim. Marriage in the UAE is only possible if the man is muslim and the woman is either christian or jew.
According to the law of the man's country of origin, the foreign wife automatically obtains iranian citizenship. The lady in question does not want the citizenship of his country and wishes to retain her indian nationality and passport. Therefore, marriage in his country of origin is ruled out. This also means that the marriage will not be registered there as conversion will be a requirement by law and the citizenship will be automatically enforced. What are the implications of not having it registered there or legalised?
Would it make sense to get married in a common wealth country such as Australia (part of the Hague convention - wherby the apostle seal is accepted in India)?
Will the embassy of the uae in australia attest the marriage certificate without the stamp from the iranian embassy in australia?
Will it be possible to marry in India? What is the legal procedure / documenation required to do this so that the marriage certificate will be accepted by the foreign ministry in the country of residence?
Both involved prefer that if there are children involved in the future, that they do not acquire iranian nationality given the current political situation. Is it possible to get Indian citizenship for the children considering that the lady is indian? Will the children have to be born in India to be entitled to this?
It is indeed difficult to accept that in the 21st century, the laws of nations and religion can prevent bring two people together for a lifetime or tear them apart. If there is a will, there is a way. Is there a way around this? At the moment the scenario seems very bleak and any light shed upon this subject will be appreciated and undoubtedly life-altering.
Thank you in anticipation.
Guest
(Expert) 26 March 2010
I cannot answer to all of your questions. But some questions, those most crucial ones can be answered. Both can marry in India under Special Marriage Act. As she is Indian citizen, she can get the marriage registered from the place in India where she resides. The requirement is that either boy or girl must be residing (even temporarily) for 3 months before the marriage in the place, where the marriage is registered. The other conditions are general in nature. That none of them has a living spouse at the time of marriage and they both are not related in prohibited relationship and boy is more than 21 and the girl is more than 18 in age. In such situation, they can apply for solemnization and registration of their marriage under "Special Marriage Act" and one month after submission of application, their marriage will be registered. They need not to change their religions. They and their children will not face any disability in property rights, citizenship rights etc. of India.
H. S. Thukral
(Expert) 26 March 2010
As suggested by my friend Prabhakar the marriage can be solemnised in India under the Special Marriage Act. One of the requirement beside what prabhakar suggested is that the foreign national has to get a NOC from the embassy of his country and parties should have documents:
• 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
