NRI marriage in India

Just one more thing. Both of them are Hindus.

Dear Querist,

Its not so difficult or time-consuming. They can get married as per personal laws or may choose special marriage way. subsequently, their marriage then be registered in India.

Please specify your query so as to enable us to advise accordingly.

Rabin Majumder

Advocate & Attorney

For Nu.Delhi.Law.Fora

New Delhi

Thanks your answer. The query is simple: 

1) Both the boy and girl do not stay in India for last few years (boy 7 and girl 4 years)

2) They want to marry in India and then go back to the US as married couple.

3) How should they marry, should they marry normally (social marriage) and then go and register in the court. In that case what kind of address proof is required. Will brother's permanent address do or do they need something special papers?

4) Should they directly apply for court marriage but they only plan to stay in India for 15 days.

5) What is a special marriage way.

thanks

Dear Querist,

Please be further adviced as follows:

Under Hindu Marriage Act, the bridegroom should be the age of 21 years and bride of 18 years.

Since both are Hindus, they dont need to be married under Special Marriage Act.

Thereafter, registration under this Hindu Marriage Act  requires a number of documents to be furnished. Such documents must be attested by a Gazetted Officer and all the documents are verified on the date of application. After that, a day is fixed and communicated to the parties for registration. On the day so fixed, both parties along with a Gazetted Officer who attended their marriage meet the SDM. Generally, the marriage certificate is issued on the same day or within a few days.

Secondly, you may also note that a desire to get married the traditional way attracts young NRI Indian couples to tie the knot in India, but the Hindu Marriage Act (HMA) may not be applicable to them if they are domicile of a foreign country, according to a recent case pronouncement, although in a different context, the Bombay High Court has said that the HMA cannot apply to an estranged couple who were domiciled in the US, observing that the HMA itself does not apply to the couple consequent upon their domicile in the US and also because the rights between the parties have been settled by a judgment conclusive between them.

But this is not law as such which is binding upon the prospective parties to marriage. They may, as advised above, get married as per Hindu rituals & customs and then, get their marriage registered.

Trust this would suffice.

Rabin Majumder

Advocate & Attorney

For Nu.Delhi.Law.Fora

New Delhi