My daughter (Hindu) intends to marry a boy (Muslim). Both are NRI and working in the US for over 5 years now. Both parents are blessing this proposal of the children getting married. I read that both under Court Marriage or Special Marriage Act, the intended party (Girl and Boy) must be in India at their home a minimum of 30 days from date of application. Given that both Girl and Boy are in US and getting 30+ days of holidays is next to impossible. Hence please guide if their are special rules for shorter notice period since in this case both parents are approval this inter religion marriage.
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They can get married in USA and register their marriage with Indian embassy or consulate under provisions of foreign marriage act
2) if they intend to marry in India they can marry under provisions of SMA
3) 30 days notice of intended marriage is required to be given duly signed by parties under provisions of SMA
Thanks for the quick response. Under SMA, can the party give the mandatory 30 days notice of intended marriage through authorised advocate or party needs to be present at the Registeration office in Bangalore.
They can apply at India embassy. Same procedure will follow of court marriage and valid. Than can do customary ceremony anytime in India.
Since marriage is inter caste, will govern by special marriage act.
One month notice will raise by Marriage officer and not party/advocate.
You cannot give notice of intended marriage through advocate
Your personal presence would not be necessary for filing in notice of intended marriage
notice has to be signed by both the parties
Yes, from the date of application only on expiry of 30 days the marriage could be registered under Special Marriage Act.
Now if they can not stay for long in India then they can register their marriage from the office of Indian Embassy under Foreign Marriage Registration Act.
Without the physical presence of the parties the marriage can in no way be registered in India. No marriage can be done on the basis of POA either.
See under Special marriage act the notice period is mandatory and cannot be waived off so two things in that case can be done either they come for this notice and then go back and return at time of marriage though that will increase cost. Secondly they can marry under Foreign Marriage Act being in US only.
Party needs to be present also the document verification is required on designated date.
1. Only one person shall have to stay in India for the said 30 days.
2. The said notice period can not be shortened.
3. Both of them can approach the local Indian Consulate for getting their marriage registered under Special Marriage Act before the appropriate officer of the said Consulate.
1. The application for marriage shall have to be signed by both the persons of which one shall have to be present in India and it can not be signed by his/her Advocate.
2. He/she shall have to submit the application before the registrar being present before him.
- As per law , any person, irrespective of religion. can perform marriage under the Special Marriage Act, 1954.
- This Act is applicable to the entire territory of India and extends to intending spouses who are both Indian nationals living abroad.
- Further, every NRI who marries a citizen of India or another NRI must get his marriage registered within 30 days.
- Further, If the marriage occurs outside India, it must be registered with a Marriage Officer, who will be appointed from among the diplomatic officers in a foreign country.
- Hence, if they want to registered their marriage in India , then this marriage is governed by the Special Marriage Act.
- But, if they intend to marry outside India; then it will governed by the Foreign Marriage Act.
- The Legal age for marriage in India for girls is 18 years and for boys, 21 years.
- Since, both of them are residing in US , then the ‘Marriage Notice’ form can be filled by the POA Holder in Indian Registration office.
-For registration of the marriage , they should ensure that the following documents are ready:
- Once the Marriage Officer has received such an application, duly signed by both the parties, the Officer shall then release a public notice with a period of 30 days to raise objections to the intended marriage if any.
- If the conditions are duly fulfilled and no such objections are raised, it should enter a certificate of the marriage in the Marriage Certificate Book. Here, the signatures of both the intending parties as well as the witnesses are required.
Good luck and dont forget to rating Positively.
You can apply for tatkal marriage procedure.
They can go ahead with special marriage Act by giving 30 days notice
You cannot seek to relax the rules in this regard owing to your difficulties.
The law is common for all.
If it is not feasible for them to register their marriage in India, they can very well get their marriage solemnised at US itself in a simple ceremony and get it registered in the Indian Embassy/High commission at US by complying the same formalities under the provisions of special marriage act, 1954.
if the marriage happens outside the home country, the embassies step in to help complete registration formalities. Contact the consulate or the embassy for details on such procedures. At the end of the process, you will get a marriage certificate valid for all legal documentation processes.
The parties have to file a Notice of Intended Marriage in the specified form to the Marriage Registrar 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.
After the expiration of thirty days from the date on which notice of an intended marriage has been published, the marriage may be solemnised
Court Marriage is a union of two soul where oath ceremony is performed according to Special Marriage Act-1954 before the Registrar of Marriage in the presence of three witnesses thereafter a court marriage certificate is issued directly by the Registrar of Marriage appointed by the Govt. of India. Frankly speaking marriage is solemnised between man and women before the court of law
Therefore there is no question of an advocate representing the bride or bride groom before the marriage registrar for this purpose.
1. There is not rule for shorter notice period for registration of marriage under special marriage act.
2. They can get marriage registered in US where they are currently residing and then come to India for all the ceremonies as decided by families.
they can freely marry at city hall in any town in USA. they need to take it to the Indian consulate to register. The marriage certificate will be proof for any official use, in India or anywhere else.
Under SM marriage:
Any intercaste marriage should be performed under special marriage act and be registered in the Registrar office by the Registrar of marriages.
Any other form of marriage other than special marriage act will render your marriage invalid
Bridegroom and bride should give notice of intended marriage 30 days in advance of solemnisation along with prescribed fees. They must have lived continuously for not less than 30 days within the jurisdiction of marriage officer before giving the notice.
Parties who intend to get married under the Special marriage Act shall give a notice in writing in the specified form to the Marriage Officer.
1. 30 day residency requirement has to be fulfilled. The requirement will not be waived.
2. Since both are NRIs they may marry under Foreign Marriage Act before Indian Consulate in US instead of coming to India to get married.
Party is not to give any 30 day notice. NOC has to be sought from jurisdictional police station to vouch that they have been residing in India uninterruptedly for not less than 30 days immediately preceding the date on which application for marriage is filed.
There is no short notice period. The procedure has to be followed if the marriage has to be performed in India.
One of the parties can file notice and afterwards the other party can come and the marriage can be performed.
Dear Sir,
Procedure under Special Marriage Act
Unlike traditional marriages, the Special Marriage Act doesn’t require any extravagance, show or pomp. All you require for a valid marriage under this Act is the consent of both the parties to the marriage. If both the parties are ready to marry each other, that will do.
Following are some of the steps to register and marry under the Special Marriage Act.
You need to submit an application in writing to the marriage officer of the district where either of the parties has resided for the past 30 days.
The marriage officer gives a 30 days notice period to accept objections on the marriage of the intended parties.
If there are no objections then marriage officer is required to maintain a marriage notice book which contains all the details of the intended marriage. With no objections, the marriage can be solemnised after the passing of 30 days from the date on which such notice has been published at the office of the marriage officer.
The marriage officer enters all the details in the marriage notice book which should be signed by the parties and three witnesses.
In case of objection to marriage
– The objection is recorded in the marriage book with the signature of the person raising the objection.
– The marriage officer has the power to inquiry the validity of the objection.
– Conditions for the marriage to be solemnised
– For a valid marriage, it is also required that the parties give their consent to the marriage in front of the marriage officer along with three witnesses.
– The age of the bridegroom must be at least 21 and the bride must be at least 18 years of age at the time of marriage. This is the minimum age limit for a boy/girl to marry, respectively, under the Indian law.
– Both the parties must be monogamous at the time of their marriage; i.e. they must be unmarried and should not have any living spouse at that time.
– The parties should be mentally fit or sane in order to be able to decide for themselves whether they want to get married.
– They should not be related to each other or fall under the degree of prohibited relationship. If that’s the case, it will be a ground for dissolving the marriage. However, if the custom of any one of the parties allow for the marriage under prohibited relation such marriage may be solemnized.
