• Marriage with foreign citizen (German)

My Fiance is a German citizen and currently living there and I am a citizen of India residing in Chennai. My fiance is not a Hindu, she is an atheist. Her parents are not coming for the marriage so she will be coming to chennai all alone for the marriage We want to get married in 1st week of Jan 2018 in India. We want to register our marriage in a registrar office and get a marriage certificate.Please guide me through the procedure and the necessary documents required.

Also she will be in India for marriage only for 2 weeks as she cannot get any more holidays from her work, so we have to get married within this 2 weeks so i have to arrange for everything and keep it ready before she comes to Chennai.

I heard we have to file Notice of Intended Marriage, please address my questions below.
1. does it require both bride and bridegroom's signature mandatory.
2. If so can i ask her to sign the documents in Germany and courier it to me and i will sign it as well and submit to the registrar , is this possible?

Since she doesn't get more holidays at work , i am looking for solution where i do most of the procedure and she comes here for the marriage in registrar office directly.

Do i need a lawyers assistance in this whole procedure, if so what will be his role in here.

Thanks in Advance
Asked 8 years ago in Family Law
Religion: Hindu

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4 Answers

1) in notice of intended marriage signature of both bride and bridegroom is necessary

2)you can send the documents to her and she can sign it in Germany have the signature attested before indian consulate and then return documents to you

3) you dont need a lawyer .

4) the following documents are required for both the partners:

a valid Passport

original Birth Certificate showing parents' names

if the person concerned is widowed, the original death certificate of the deceased spouse

If divorced, copy of the final decree

documentary evidence regarding stay in India of the parties for more than 30 days (ration card or report from the concerned SHO)

5) After the stipulated waiting period of 30 days the marriage can take place in India. Under the Special Marriage Act, 1954 a certificate showing the signatures of the persons married, the registrar and the witnesses will be issued. This Certificate is required as proof of the marriage and when applying for a visa to for a foreign country.

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

1) am not aware of any such requirement of affidavit . when you visit the marriage registrar office in Chennai for filing in notice of intended marriage you can make enquires as to whether any such affidavit is required

2) affidavit can be executed in Germany but get it attested before Indian consulate

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

In India, civil weddings are governed by the provisions of The Special Marriage Act (1954). Under the Act, there’s a 30 day residency requirement, which means that either the bride or the groom has to be living in India for at least 30 days prior to applying to the local registry office to get married. For foreigners, this is evidenced by a certificate from the local police station.

You’ll need to submit your In addition, evidence of eligibility to be married is usually required. Anyone who hasn’t been married should obtain a single status affidavit (in the US), a Certificate of No Impediment (in the UK), or Certificate of No Record (in Australia). If you’re divorced, you’ll need to produce the Decree Absolute, or if you’re widowed, a copy of the death certificate.

If no objections to the marriage are received within 30 days of the application, a civil ceremony at the registry office can then take place. Three witnesses are required, who have to provide passport sized photographs, as well as identification and proof of address. The marriage certificate is usually issued a couple of weeks after the wedding.

The above is the procedure, so you may adjust your program accordingly.

You dont require the assistance of any lawyer for this.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

i read the below statement.

"If the parents of any of the parties cannot go to the intended marriage registration, then you also need to obtain an affidavit. This affidavit must be notarised and it must state that you are willing to marry the other, that no one is forcing you to do so."

In my opinion this may not be applicable to your case.

Can you please confirm weather i have to do this, since her parents are not coming for the marriage and she will be coming all alone, If i have to follow this procedure, is this required for applying Notice of Intended Marriage or at the time of marrying before the registrar.

Her parents need not attend the marriage if they do not want to come to India for this.

Her marital status will be sufficient which can be obtained in the form of a certificate.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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