Danish 24 February 2019

Marrying a foreigner in india

Hello everyone, i need some advice, kindly help me with it . I am an Indian muslim, and i want to marry a girl who is from Iran(shes muslim too), she stays in UK now since shes pursuing her education there. We want to get married, but she doesnt wants to go to Iran and get married there probably because some of her family issues, so if shes in india on a tourist visa, 1) how can i get married to her in india? 2) how many days will it take to register our marriage? 3) can she stay in india after 60 days of her visa expiry after our marriage ? 4) does she need any NOC from Iran embassy?(what if they dont give)( we can get a affidavit done by the magistrate?) moreova i came across this article its say - Any foreign national in the national Capital can now marry an Indian even if he or she has not been provided with the prescribed ‘No Objection Certificate’ by their Embassy about their marital status. A circular to this effect issued by Delhi Government Deputy Commissioner Juhi Mukherjee has given the relaxation with some riders to ease marriage process of Indians with foreign nationals in the country. apart from special marriage act, i can marry her under muslim sharia law ? too since we both are muslims(shes from Iran).( or we need to marry under both the above and have 2 certificates of our marriage- one from the muslim sharia law and other one from the special marriage act ) she easily gets a 60 days indian e-visa and can get married here in india within that 60 days, later we can extend her tourist visa to short visit visa or Xvisa through the FRRO with the proof of our marriage certificate or should i apply for her extension before the marriage through my invitation letter or personal undertaking? so she doesnt needs to leave the country . *After the marriage is done, she can stay in India and her Visa can be extended(on the basis of our marriage certificate) so she doesnt needs to leave the country. I cant risk her going back to iran after the marriage, because her parents may not agree for our marriage and may not leven et her come back to India

Reply Follow

5 Replies

Vijay Raj Mahajan (Advocate) 24 February 2019

You are confused person that's all I can say. If you marry her according to Sharia Muslim Law than why go for marriage under Special Marriage Act because if once you either marry under SMA or get Muslim marriage registrated under that Act you will be covered under that Act for all purpose, your Muslim marriage certificate has no legal value. As far Delhi government circular that too is more confusing as you are yourself. Read that it speaks of marriage certificate under section 15 of the Special Marriage Act, that certificate is issued only after the marriage has been solemnized according to another form and not under the Special Marriage Act. If you marry under the Special Marriage Act, the marriage certificate is issued under section 13 not 15. The NOC issue definitely will arise even in Delhi and affidavit duly attested by local Embassy or Magistrate as provided has to be given. How things come up after that is another issue. If the Iranian Embassy raise objection about the marriage of it's female citizen in India with Indian, than that objection will stop the marriage process or even registration of Muslim Marriage if you do that, what you will do than, did you ever thought of that? You will get couple of fake marriage lawyers and agents sitting outside all district courts in Delhi who will charge you and ultimately dump you in big trouble, as it happens in many cases which later on are reported to me for consultancy and getting by things on right track.

1 Like

Danish 24 February 2019

sir, i do understand your point, but i am nervous as well as confused for the moment,can you please tell me how to go on with it , without any hassle . She will be having visa for 60 days, so kindly tell me the steps or ways in which we can get married within that 60 days .

Danish 25 February 2019

No i am not, i am a sunni muslim , om prakash sir.

Hmm, thank you om prakash sir and Vijay raj mahajan sir for your advice.

Danish 26 February 2019

Vijay raj sir my 1 final question, please let me know whether its possible or not. My question is Since she stays in UK, can she first get the NOC of singlehood from the Iran embassy in uk, and then come to India to apply for marriage under SMA? If she gets the NOC from Iran embassy in UK, that would be valid too in india to apply for SMA.(hence it wil help us save time to get NOC from India first and then go for SMA) Thank you sir, ur advice are really helpful, please let me know whether this can be done or not. Thank you sir :)