Marriage registration nagpur
Kush
(Querist) 10 October 2014
This query is : Resolved
Hello,
I am an Indian citizen living in the US and getting married in November to a US Citizen living in the US as well (born in India). The wedding will happen in Nagpur. While my parents still live in Nagpur, her family is in the US.
Given the immigration status and residence location, what is needed to register the marriage in Nagpur after our Hindu ceremony? We will have our passports but not sure if her US Passport and OCI card are acceptable and enough for proof of residence.
Thank you in advance!
malipeddi jaggarao
(Expert) 11 October 2014
If the marriage is performed as per customs of Hindu Religion (under Hindu Marriage Act), the bride's documents are enough for filing application for registration.
In India, a marriage can be registered under either of the two Marriage Acts: the Hindu Marriage Act, 1955 (External website that opens in a new window) or the Special Marriage Act, 1954 (External website that opens in a new window). To be eligible for marriage, the minimum age limit is 21 for males and 18 for females. The parties to a hindu marriage should be unmarried or divorced, or if previously married, the spouse by that marriage should not be alive. In addition, the parties should be physically and mentally healthy and must not be related in a way prohibited by the law.
The Hindu Marriage Act is applicable only to the Hindus, whereas the Special Marriage Act is applicable to all citizens of India.
The Hindu Marriage Act provides for registration of an already solemnised marriage. It does not provide for solemnisation of a marriage by the Registrar. The Special Marriage Act provides for solemnisation of a marriage as well as registration by a Marriage Officer.
Parties to the marriage have to apply to the Registrar in whose jurisdiction the marriage is solemnised or to the Registrar in whose jurisdiction either party to the marriage has been residing at least for six months immediately preceding the date of marriage. Both the parties have to appear before the Registrar along with their parents or guardians or other witnesses within one month from the date of marriage. There is a provision for condonation of delay up to 5 years, by the Registrar, and thereafter by the District Registrar concerned.
Kush
(Querist) 13 October 2014
Thank you for the information. We will be doing a Hindu wedding by an Arya Samaj Pandit and only need to get the wedding registered. However, neither of us are residing in India currently so the 6 month is not applicable to us. Will that cause any issues?
T. Kalaiselvan, Advocate
(Expert) 16 October 2014
You may refer to the laws relating to registration of marriage between an Indian and a foreigner and see the procedures of foreign marriage act or Hindu marriage act, whichever suits you.
