can an indian muslim marry muslim egyption girl

@ Author

First try to understand personal Laws that will rule you and indirectly her status to such marriages.

1. As per Sharia Law a Muslim male is prohibited to marry non Muslim women, except KITABIYA ie., Christian women or Jew women.


2. A Muslim male is not permitted to marry with Hindu women or any other except those which are mentioned as KTABIA. Now if such marriages happened out of Sharia law it will stand void within the preview of Sharia.


3. But, here you are a Muslim and she is also a Muslim hence marriage can happen in India and Marriage Registration is to be done under Foreign Marriage Act, 1969

The important Sections of the Act applicable under your briefs are;


S. 5. Notice of intended marriage.-
When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the First Schedule to the Marriage Officer of the district in which at lease one of the parties to the marriage has resided for a period of not less then thirty days immediately proceeding the date on which such notice is given, and the notice shall state that the party has so resided.

S. 10. Procedure on receipt of objection.-
(1) if an objection is made under section 8 to an intended marriage, the Marriage Officer shall not solemnize until he has inquired into the matter of the objection in such manner as he thinks fit and is satisfied that it ought not to prevent the solemnization of the marriage or the objection is withdrawn by the person making it.

(2) Where a Marriage Officer after making any such inquiry entertains a doubt in respect of any objection, he shall transmit the record with the such statement respecting the matter as he thinks fit to the Central Government; and the Central Government, after making such further inquiry into the matter and the after obtaining such advice as it thinks fit, shall give its decisions thereon in writing to the Marriage Officer, who shall act in conformity with the decision of the Central Government.

S. 15. Validity of foreign marriages of India.-
Subject to the other provisions contained in this Act, a marriage solemnized in the manner provided in this Act shall be good and valid in law.

Now against the above understanding (position in Law) the suggested way out are very limited in my opinion;


1. Send her Letter of Invitation to come to your Jurisdiction (domicile place) on tourist visa. She shall be staying for a minimum period of 30 days in Indian soil.


2. Marry her as per Sharia Law and Register the marriage as per your Personal Law i.e. it could only be done under Foreign Marriage Act, 1969


3. In my opinion the Egyptian Embassy in India may not issue any Certificate of Marriage. Check this out directly with them and update us for future queries in similar situational briefs.


I prefer standing corrected by Sh. Aeejaz Ahmed on above understanding of Muslim Personal Law as it stands in India.  

dear sir / madam,

 i heartly thanks for u r valuable advice so as per u r replay it is understood that marriage is possible in india.

and the bride has to live in indian soil for at least 30 days

Sir, can i visit egypt and get married her there and bring along with me to india is that possible

Or

after her ariving in india can i marry her immediately or i must wait till 30 days to complete

once again thanking you for u r valuable advice and looking for ward for u r further guidance

Regards

ashfaq

" ...can i visit egypt and get married her there and bring along with me to india is that possible"

---   you can marry, no problem. you may go and marry her, it seems that her passport visa for india not ready, therefore bring the record of marriage for further action.

the present situation of egypt not so good, therefore, if possible, bring her at india and get married.

Dear Club members,

below queries and reply recieved from eyptian embassy regarding case of marriage of indian muslim boy (age 25 yrs and above) to egyptian national muslim girl (age 21 and above).

In short I was shocked to know that she WONT GET INDIAN NATIONALITY JUST after marriage. So now I am worry about future of her and children. If she cant get nationality easily  she cant study further here, cant work and wont be able to get any facilities which Indian nationals are entitiled.

DO OUR LEGAL EXPERTS HAVE SOME IDEA , AS HOW THE GIRL WILL GET INDIAN NATIONALITY AND STAY HERE WITH KIDS (who will come in future) and surety that after staying in india for 7 yrs she will get Indian nationality without hassels ?

P.S. i personally visited egypt and its a very good country with helping people, . even i found that i am like in india (bombay, delhi ) and even smaller towns are very good. interaction with security forces and immigration authorities was really awesome and no hassel at all. 

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QUERY 1 )

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Dear Sir,

With reference to subject, kindly inform detail procedure for egyptian national (muslim female 21 and above age) having tourist visa , wants to marry indian muslim boy age 25 and above.

is it possible to get marry on tourist visa?

what are the documents, fees, duration etc requirement. after marriage what is the procedure to get INDIAN citizenship for that female and can she have dual citizenship and dual passport.

in case if the indian citizen(muslim 25 yrs and above) is on tourist visa to egypt, can he marry to egypt citizen (muslim female 21 yrs and above age) ? and how to get her to india as indian citizen / dual citizen ship?

kindly advise detail procedure, fees and time required for the entire process.

awaiting your favorable reply via return.

REPLY 1 

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 Mr. ahmed,
 
Reference to your E mail about getting married to an Egyptian national. No problem in getting married in Egypt with a Tourist visa. A no Objection certificate from the Embassy of India is required certifying your religion, marital status, profession and salary is required. For that we need a letter from the place where you work mentioning your position and monthly salary. She can travel with you to India after getting married with an Entry visa and stay without problem. But she is not allowed dual nationality. 
 
Regards

Assistant Consular
Embassy of India, Cairo

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QUERY 2

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Dear Assalamualaikum,

from below mentioned email i understood the following -

if the boy is working in saudi arabia he has to take the NO objection certificate from indian embassy in saudi arabia and a letter from employer.

however below queries are still pending, kindly reply point by point below.

1) WHICH DOCUMENT GIRL MUST HAVE (egyptian national girl). eg her passport or national identity card etc ...

2) this marriage will take place in indian embassy in cairo or in egyptian embassy in cairo ?

3) do it require witness, if yes how many ? 

4) fees and time required for completion of marriage ceremony.

5) in case girl is ready with her full will and consent but her parents are not ready, is it possible to get married in egypt ?

6) girl is not allowed to have dual nationality, so she will loose her egyptian nationality and will get indian nationality ? 

7) after marriage will the girl get indian passport to travel to india ? 

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if egyptian girl is in tourist visa to india - 

1) can she marry here in india if she is on tourist visa ? 

2) what documents boy and girl needs in order to get marry ? 

3) how much time and fees is required for this marriage ? 

4) will it take place in indian embassy in india or egypt embassy/consulate in india ? 

5) after marriage will she become indian citizen and get indian passport to stay in india?

awaiting your positive reply as you have given earlier.

regards,

ahmed

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REPLY 2

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Mr. AHMED
 
First of all if the boy is working in Saudi Arabia he has to get a letter only from the Employer stating the profession and the salary.
 
Reply as per the enquiries:
 
(1) The girl must have her Egyptian ID or Egyptian passprot
 
(2) The marriage will take place in the Egyptian authority (El Shahr El Aquary) 
 
(3) The marriage will not take place in the Embassy so these details are not with us (anyway if any witness is required will Egyptian national only)
 
(4) Our letter will cost L.E. 78/- and will be ready in the same day but the fees and time to complete the formalities with the Egyptian authority are not known to us
 
(5) This is to be checked with the Egyptian authority.
 
(6) No she will not get Indian nationality by marriying an Indian national. She will keep her own nationality.  
 
(7) After marriage she will not get Indian passport but Entry visa to travel to India or a PIO Card which is valid for fifteen years allowing her to go and come back many times in 15 years without visa
 
(1) To get marry with an Egyptian national having tourist visa in India for that you have to check with the concern office in India
 
(2) as above
 
(3) as above
 
(4) the marriage will take place with the Indian authorities not with the Egyptian Embassy in India and there is no Indian Embassy in India
 
(5) After marriage she will not get Indian passport but she can have a residential permit with which she can stay legally in India
 
Hope that we could clarify some of your requirements. If any more information please send to us.

Assistant Consular
Embassy of India
Cairo

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QUERY 3 

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Dear

Many thanks for your kind reply. Verily i will check with some indian authorities as well. getting employer letter is not a big problem.

however below queries are still in my mind which is about to explode due to tension and nervousness.

1) as per indian law ,if girl is get marry to indian national she get indian nationality automatically. pls confirm/clarify.

2) as per below email , the girl will get 15yrs PIO card and multiple entry visa to india for 15 yrs. so after 15 yrs this PIO card will be again get renewd or not ? if yes then for how many years ?

3) the children will have indian nationality or Egyptian nationality ? 

5) will they also get PIO card with entry  for 15 yrs and then renewed again ? 

4)if they have egyptian nationality how they will be able to get benefit from facitilies like education , healthcare facilities, insurance etc etc.

5) in the most worst case of divorce, the children will be with mother (egyptian girl) or with father (indian boy)

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my queries may be irritating , however i would like to brief you the situation so that you can get inside story.

i am indian muslim boy working in engineer in reputed MNC. the girl is (muslim) from eygpt,well educated and working.

initially her parents got ready and were ready to send her to india. when her dad went to check about legal procedure about this marriage. a lawyer brainwashed him stating ,"HER FATHER CANNOT DO ANYTHING , IF GIRL IS ABUSED MISTREATED IN INDIA. EVEN SHE CAN NOT THEN RETURN TO EGYPT". which made her dad furious and how he is not ready for marriage. girl has no problem to get marry.

now either i have to get her marry in egypt and take her to india or call her to india and get married but the nationality issue has trigged havoc in my mind with regard to our childs and their future.

if you can refer some good lawyer to me in india/egypt. i will be obliged.

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last but not least, i am very thankful to the information you have provided.

regards,

ahmed

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REPLY 3

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Mr. ahmed,
 

1) No she will not get the Indian nationality after marriage as we have mentioned yesterday.

2) Yes she will get a new PIO Card with 15 years validity again.

3) the children will have either indian nationality or Egyptian nationality but not both as the Indian law still doesn't accept dual nationality 

5)  they will also get PIO card with entry  for 15 yrs if they will accused the Egyptian nationality 

4) if they have egyptian nationality and living in India they will be treated like foreigners only.

5) in the most worst case of divorce, it depends on the age of children if they are still minor they will be with their mother regardless their nationalilties

You can also pay a visit to the Indian Embassy  either in Egypt or Saudi Arabia for more details.

Regards

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QUERY 4

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Dear,,

noted your mail. by your below email i understood that girl wont get nationality just after getting married.

however as per indian  citizenship law if she is married to indian citizen and stay in india for 7yrs then she can apply for citizenship by registration.

1) after 7yrs will egypt law allow her to get indian citizenship ? if she is willingly giving away her Egyptian nationality.

2) if the answer of above is yes, then she has to continuously stay 7 years in india without going back to egypt, or she can go as many times in this 7 yrs span and apply for indian citizenship.

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Reference - section 5 of the Citizenship Act 1955 e Citizenship (Amendment) Act 2003, and the Citizenship (Amendment) Ordinance 2005. 

citizenship by registration

a person who is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration;

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Thanks to answer the queries.

Regards,

Ahmed

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REPLY 4

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Still awaiting answer from embassy. 

MARRIAGE IS ONE OF THE GROUND WHERE SHE WILL GET INDIAN NATIONALITY.  CONDITION - HUSBAND MUST BE INDIAN.

EXAMPLE - SONIA GANDHI.

READ 'CITIZENSHIP' PORTION OF THE CONSTITUTION OF INDIA. 

Dear Mr. Arup,

Thanks for your information and example of sonia gandhiji :) .

now the question is ,

1) if she is coming to india on tourist visa , can WE MARRY in any registrar marriage office in india or it will take place in some other goverment office ?

for example if i belong to nanded city (maharashtra) and girl come and stay there for 30 days then we can marry in marriage registrar office ? if not then which goverment office solemnize this marriage ? 

2) if she is coming to india but staying in bombay for 30 days. can i marry to her in bombay in registrar marriage office or i have to marry only in nanded ?

3) what proof is required to proove that the applicant stayed 30 days in jurisdictional area where marriage is solemnized ? 

4) apart from her passport and photograph any other document is required to get marry from egyptian embassy. i.e. no objection certificate etc etc

awaiting your kind reply.

ahmed

Dear Sir,

Awaiting your reply for above queries.

Please do the needful.

Regards,

Ahmed 

dear sir,

am an egyptian girl married to indian boy from jammu and kashmir

we got married in egypt  on 20/10/2011

and as my husband works in dubai he did the official papers and brought me to live with him in dubai, but we didnt visit india yet

my question is when can i get the PIO card?

and should we register the marriage in india too? as we register in shahr Aqary authority  in egypt and the indian embassy in egypt and ministry of foreign affairs of egypt and egyptian embassy in dubai

should we register in indian embassy in dubai too?

how can i get the title of my husband?

plz reply me as my husband said they told him in the indian embassy in dubai that i cant get the 15 years residence before elapsing of one year after marriage!!!

Hello

Ahmed 

Can you come and write what happened to your story.  Were you successful in marrying and how did you do it??