Marriage under special marraige act
shivender singh
(Querist) 05 February 2012
This query is : Resolved
I AM SHIVENDER SINGH, A DEFENCE OFFICER. I AM A DIVORCED HINDU INDIAN BOY.I WISH TO MARRY A MUSLIM BANGLADESHI GIRL WHO IS ALSO DIVORCED.
FEW QUETIONS THAT I HAVE ARE:-
1. WHAT IS THE PROCEDURE REQUIRED AND WHAT ALL DOCUMENTS ARE REQUIRED TO BE PROVIDED BY ME AND HER.
2. SINCE 30 DAYS NOTICE IS REQUIRED, DOES SHE HAVE TO BE PRESENT HERE FOR THE ENTIRE PERIOD OF NOTICE SINCE STAYING MORE THAN 30 DAYS AT A STRETCH ON VISA IS VERY DIFFICULT.
3. IS IT POSSIBLE THAT NONE OF US HAVE TO CHANGE OUR RELIGION AND CAN FOLLOW OUR RESPECTIVE RELIGIONS?
4. HOW LONG DO SPECIAL MAARIAGE ACT PROCEDURES TAKE PLACE AND DOES IT HAVE TO BE IN DELHI ONLY OR ANY OTHER CITY IS ALSO POSSIBLE?
adv. rajeev ( rajoo )
(Expert) 05 February 2012
No it is not mandatory to present for the entire period of notice.
Better you do one thing, you get marry her in a temple, where in you will get the receipt for the marriage. After marriage you can register the marriage with registrar of marriage.
V R SHROFF
(Expert) 05 February 2012
Rajeev,
Religion differ. A Hindu boy, and Muslim Foreigner girl
Also need divorce decree of both.
Need to convert her / his religion first, and then decide temple or Masjid. / Marriage by Temple Priest, or Nikahnama by Mulla.
Or a Civil Marriage,
Devajyoti Barman
(Expert) 05 February 2012
Under Special MARIAGE Act both of you can get your marriage registered.
Chanchal Nag Chowdhury
(Expert) 05 February 2012
1. Docs. reqd.:-a)Identity proofs of the parties including age,residential proofs. b)Letter of intent to marry signed by both parties c) divorce orders showing competence to marry etc.
2.Not reqd. to stay in India for 30 days.
3.No change of religion reqd.
4.The time reqd. to sign papers before the Registrar.
Kirti Kar Tripathi
(Expert) 05 February 2012
Only after solemnization marriage under the Special Marriage Act,both can continue to follow their separate religion otherwise marriage has to be solemnizated under personal law applicable to any of the party and other party has to change his/her religion. Under Spacial Marriage Act, you can not escape from the required notice period. However, you both are required to produce your your divorce documents.
shivender singh
(Querist) 05 February 2012
some lawyers say that it is possible to be of different religion and marry under special marriage act, however some say one of the party has to convert before marriage. could anybody quote the relevant section of special marriage act to clear any doubts.
prabhakar singh
(Expert) 05 February 2012
You both need your identity as well as divorce decrees of both and address of residence.
yes,it is possible to marry without change of religion only under Special marriage Act.
If she changes her religion and adopts Hinduism then marriage can be performed in a single day through institutions like Arya Samaj and they issue certificate of marriage also and no 30 days wait would be required at all.
Hence you have both options but in case you use not to change the religion then you can not avoid 30 days statutory mandate required under special marriage Act.
Under this Act you both need to file a form to be collected from the concerned marriage registrar.
The following documents are required for both the partners:
a valid Passport
original Birth Certificate showing parents' names
As 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).
Depending upon law of Bangladesh, may be a no objection certificate from their embassy may or may not be required.To my knowledge in U.S. cases it is needed.
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 .
shivender singh
(Querist) 05 February 2012
Dear Mr Prabhakar,
as you said that stay of more than 30 days proof is required. is it required for the girl also since she is from bangladesh and visa is generally given for only 30 days or less. also if you could please tell that if she comes to india to sign the required forms in front of the registrar then till how long that form is valid since she will have to go back and come again after obtaining the visa which might take some time.
shivender singh
(Querist) 21 July 2012
Dear experts could anyone tell me about the proof of residence for her since she is a foreigner.what will be admissible as proof of residence. and what about the witnesses? who is acceptable as witnesses in case both parents disagree about the marriage.
ajay sethi
(Expert) 21 July 2012
your friends can be your witness. request 2 of your friends to do so .
shivender singh
(Querist) 23 January 2013
Dear experts, could anyone tell me what can be given as address proof?since she is bangladeshi.
V R SHROFF
(Expert) 23 January 2013
ADDRESS: WHERE SHE PRESENTLY RESIDES TEMP ADDRESS,
WHAT SHOWS ON HER PASSPORT : PERMANENT ADDRESS
and u r waiting for ONE YEAR to marry her??
shivender singh
(Querist) 23 January 2013
Dear Mr Shroff, can the temp address be of the hotel she is staying or is there any other address that can be used. and yes sir i have been waiting for more than one year.as u know lot of legal issues need to be settled as well as both of are taking time to understand each other and convincing both the parents.fortunately, both sides agree. thanks for your advice.
shivender singh
(Querist) 14 September 2013
Dear Lawyers,
i want to know during a court marriage(registered marriage), i am suppose to apply for marriage. thereafter 30 days waiting period. finally when the marriage certificate is given, the date of marriage is taken to be as the date of initial application or the date of marriage is taken to be the date i am given the certificate. kindly clarify this issue at the earliest.
