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charanjeev (supervisor)     22 November 2010

marriage and emmigration

I am a 29 year old man  in love with a 31 year old german lady. we both wish to have a court marriage & registration in punjab & then i wish to emmigrate to germany. so can you please tell me what all documents do we both require for our marriage in punjab ???



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 3 Replies

A V Vishal (Advocate)     22 November 2010

A marriage between parties one of whom at least is a citizen of India may be solemnized under this Act by or before a Marriage Officer in a foreign country, if, at the time of the marriage, the following conditions are fulfilled, namely:-

(a) neither party has a spouse living,

(b) neither party is an idiot or a lunatic,

(c) the bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of the marriage, and

(d) the parties are not within the degrees of prohibited relationship :

Provided that where the personal law or a custom governing at least one of the parties of a marriage between them, such marriage may be solemnized, notwithstanding that they are degrees of prohibited relationship.

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 least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given, and the notice shall state that the party has so resided.

(1) A marriage by or before a Marriage Officer under this act shall be solemnized at the official house of the marriage Officer with open doors between the prescribed hours in the presence of at least three witnesses.

(2) The marriage may be solemnized in any form which the parties may choose to adopt:

Provided that it shall not be complete and binding on the parties unless each party declares to other in the presence of the Marriage Officer and the three witnesses and in any language understood by the parties, -"I, (A) take (B), to be my lawful wife (or husband)":

Provided further that where the declaration referred to in the preceding proviso is made in any language which is not understood by the Marriage Officer or by any of the witnesses, either of the parties shall interpret or cause to be interpreted the declaration in a language which the Marriage Officer, or, as the case may be, such witness understands.

In case one of the parties is a foreign national, no objection certificate/marital Status certificate from the concerned embassy.

Attested copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.

charanjeev (supervisor)     22 November 2010

Thank You very much Mr Vishal but can you please tell me what all documents does my german girlfriend need to bring with her when we are getting married in punjab,India. does she need to get her documents translated in English for a court marriage and registration in punjab.

     She is very much concerned that she would be asked for some documents which she has not brought ,when she is in india.
 

A V Vishal (Advocate)     22 November 2010

1. Special marriage Application form duly signed by both parties.
2. Special marriage Documentary evidence of date of birth of parties (Matriculation Certificate / Passport / Birth Certificate) Minimum age of both parties is 21 years at the time of registration under the Special Marriage Act.
3.Residential proof of both parties .
4.In case of Special Marriage Act, documentary evidence regarding stay in Punjab of the parties for more
than 30 days (ration card or report from the concerned SHO).
5. Two passport size photographs of both the parties.
6.Affirmation that the parties are not related to each other within the prohibited degree of relationship as per Special Marriage Act .
7.Attested copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of
widow/widower.In case one of the parties is a foreign national, no objection certificate/marital Status certificate from the concerned embassy.
All documents excluding receipt should be attested by a Gazetted Officer.

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