• Court marriage under Special Marriage Act between UK citizen and Indian national

I am a divorced UK citizen and my fiance is Indian. We are planning to marry in April in his home town in Punjab and so we are collecting information on the process for court marriage under the Special Marriage Act. Please could you advise on the exact documents we both need to provide, and the process step by step from notice onwards as we are getting confusing and even contradicting information both online and from lawyers in his home town. I have my Decree Absolute and I understand the UK government does not provide certificates of no impediment for Commonwealth countries but instead provides a letter for the Registrar explaining this. 
What documents do we both need?
How to submit notice?
What do I need to do before flying out to India? 
Once notice is submitted, can we choose a date or is it given to us and is it flexible? As I need to book my flights around this. 
What sort of fees can we expect to pay for the whole process/ assistance of a local lawyer and for what parts is the lawyer actually necessary for?
Many thanks in advance for your assistance.
Asked 6 years ago in Family Law
Religion: Other

2 answers received in 1 hour.

Lawyers are available now to answer your questions.

19 Answers

1. See you will need firstly decree of divorce or an equivalent document (Certified copies), other then that passport, valid visa, birth certificate, Identity proof and photograph. She being India resident will require Identity proof , birth certificate, residence proof and photographs.

2.  See you both can file a notice in prescribed form before registrar, he shall give you a date for document verification and marriage.

3. You can obtain certified copy of the documents of your divorce order. 

4. See after a month date is given you can choose same. 

5. See local lawyer may help you with documents, Affidavit and filing.

6.  The fee shall be depending on lawyer it wont be much. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) 

Notice of intended marriage has to be signed by both parties

2) your fiancée can forward papers to you for your signature

3) have it attested and return the papers to your fiancée

Documents needed for marriage in India between an Indian and foreigner:

birth certificate

Passport

You will need a visa for more than 30 days

Proof of address

Foreign citizen  is required to present the no objection letter from the Embassy or Consulate of his/her country. 

Passport sized photographs

 

A single-status affidavit signed by both parties. In case one of the parties has married previously, the Divorce Decree (for divorcees)

 

 

3) One copy of the notice is pasted on the notice board of the office and a copy of the notice and is sent by registered post to both parties as per the given address.

 

4) 

Registration is done 30 days after the date of notice after deciding any objection that may have been received during that period by the Registrar 

Both parties along with three witnesses are required to be present on the date of registration.

 

5)  you don’t need a lawyer 

 

 

 

 

 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

- Since you are going to marry with an Indian citizen , then this marriage will be solemnized under the Special Marriage Act.

- Further the following documents required for marriage registration :

  1. Birth certificates (for age proof)
  2. A valid visa of more than 30 days for the foreign national
  3. A single-status affidavit signed by both parties. In case one of the parties has married previously, the Divorce Decree is necessary.
  4. Address proof and passport size photographs
  5. Adequate documentary evidence of 30-day residence in India
  6. A ‘no-objection’ letter from the UK Embassy or Consulate, 
  7. Three witnesses are required, who have to provide passport sized photographs, as well as identification and proof of address

- 30 days residency requirement 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.

- If no objections to the marriage are received within 30 days of the application, a civil ceremony at the registry office will take place

- The marriage certificate is usually issued a couple of weeks after the wedding

- The notice should be signed by you both , hence you should get the papers for attestation from your fiancee in India , and further she should submit the same with all the above mentioned proofs in the office of the marriage Registrar , before your coming to India. 

- Yes, you can choose the date as per your availability , and further you should engage a local lawyer for getting the work promptly . 

- Fee is not fixed of a lawyer . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. you would require a certified copy of the decree of divorce, which you stated you have, in addition to passport, Visa, Birth certificate, Identity proof and photograph.

2. your would-be wife will also require to produce aadhar card, ID, resi proof, birth certificate, and photographs

3. you along with your wife will apply before the marriage registrar for the marriage along with the above mentioned documents, and you will be given a date of one month,

after one month your marriage will be registered,

4.  The fee varies from lawyer to lawyer

 


the above process will take a period of approximately 40 days

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

You need to give 30 days. notice of intended service to the sub registrar of marriage after that you can  get married as per the date fixed mutually. The documents needed are agr proof, address proof and you were staying in India for last 30 days

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Lawyer is not necessary if you could manage all paperwork.

 

Both of must have one month stay on address mentioned in the marriage application form.

 

ANd get fix date accordingly. If you are resident of Delhi than can proceed for Tatkal marriage procedure which is registrar in 24 hours. its fees is 10K which govt charges. If you could provide you city and state so provide yu this facility is available in your city or not.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

They don't send it to your home address. It's just a formality. Don't worry they keep it confidential. The notice is only displayed at marriage office notice board

 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

1) it is displayed in notice board and would not be sent to your home address 

 

2) 

Delhi High Court’s judgment in the case of Pranav Kumar Mishra & Anr. Vs. Govt. of NCT of Delhi & Anr., wherein the Court with reference to relevant provisions under the Special Marriages Act, 1954 held that procedure for registration of the marriage under the Special Marriages Act, 1954 does not warrant to send a notice at the residence of the parties, much less affix the same at the residence.

 

The Delhi High Court in the case stated that the notice of the intended marriage is conceived by Section 5 which contemplates that the parties to the marriage be given a notice to the Marriage Office indicating therein that they have been residing at the given address for not less than 30 days immediately preceding the date when such notice is given and as per Section 6, the notice received by the Marriage Office has to be entered in a register which shall be open to any person desirous of inspecting the same and the same every such notice shall be published by affixing a copy of the same at a conspicuous place in Marriage Officer’s office.

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

See it would be displayed at registrar office in jurisdictional area where the permanent address of girl is there.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If the ex husband property is on joint name than you should not worry about it.

 

Better you perform first marriage as per custom and later go for registration of marriage.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

 - Actually, this notice is pasted in the notice board  of the office of the Marriage Registrar , and will not send on the address of the parties. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. You both shall have to file an application before the registrar of marriage at her place in India giving 30 days notice.

 

2. At least one of you shall have to be in India for that notice period and must possess the identity card like voter ID card, Passport etc.to prove her address.

 

3. Thereafter you can discuss with the marriage registrar and fix the date of registering your marriage.

 

4. You can register your marriage at his office or can have a religious/social marriage ceremony where the said Registrar will arrive to register your marriage.

 

5. Identity Card for both proving one of your address where the notice will be sent and your decree of divorce will be required to be submitted while filing the application.

 

6. After around 7 to 10 days, the registrar will issue the original marriage certificate.

 

7. Total expenditure will be within Rs.10 K and you shall require no Advocate for getting your marriage registered.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. The notice is not sent to the address of the applicant not for getting parental consent but to get confirmed that the address given by the applicant in his application is genuine.

 

2. Notice will be sent to the address of the applicant which can not be legally avoided. You can make arrangement with the postman and ensure that the notice is not handed over to the father of your Fiancee but to himself only personally.

 

3. Alternatively, he can take up a rented house and show that address in his application wherein he shall have to enclose the tenancy agreement to prove that he is a genuine residence of that given address where the notice will be sent by the Registrar.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Dear Sir,

Court Marriage, Procedure, Acts, Eligibility & Age India

Court marriages are solemnized under the Special Marriage Act, 1954. Court marriage can be performed between an Indian male and a female irrespective of their caste, religion or creed. It can also be solemnized between an Indian and a foreigner. The procedure of the Court marriages does away with the rituals and ceremonies of the traditional marriages. The parties can directly apply to the Marriage Registrar for performance & registration of marriage and grant of marriage certificate. 

ESSENTIAL CONDITIONS FOR COURT MARRIAGE

  • There should not be subsisting valid marriage of either of the parties with any other person.
  • The bridegroom should be of twenty-one (21) years and bride should be of eighteen (18) years of age.
  • The parties should not be of unsoundness of mind of such a nature as to be unable to give valid consent for the marriage, or suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and procreation of children, or has been subject to recurrent attacks of insanity.
  • The parties should not fall within the degree of prohibited relationship.

PROCEDURE OF MARRIAGE WHEN BOTH PARTIES ARE HINDUS

  • 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 30 days immediately preceding the date on which such notice is given.
  • The notice is then published/put-up by the Registrar of Marriage inviting objections, if any.
  • After the expiration of 30 days from the date on which notice of intended marriage has been published, the marriage may be solemnized unless it has been objected by any person.
  • The marriage may be solemnized at the specified Marriage Office.
  • Both parties along with three witnesses are required to be present on the date of registration/Solemnization.




DOCUMENTS REQUIRED FOR COURT MARRIAGE

  • Application form in the prescribed format with the prescribed fee
  • Passport Size Photographs of Marrying Persons
  • Residential Proof of Marrying Persons.
  • Date of Birth Proof of Marrying Persons.
  • Residential Proof and PAN Card of Three Witnesses
  • Death certificate or divorce decree whichever is applicable, in case one of the parties had any marriages in the past.

REGISTRATION OF MARRIAGE IN CASE BOTH THE PARTIES BELONG TO DIFFERENT RELEGIONS:

The marriage performed under the Special Marriage Act, 1954 is a civil contract and accordingly, there need be no rites or ceremonial requirements. Where either of the husband or wife or both are not Hindus, Buddhists, Jains or Sikhs, the marriage is solemnized and registered irrespective of the religion, under the Special Marriage Act, 1954.

DOCUMENTS REQUIRED:

  • Application form duly signed by both the parties.
  • Documentary evidence of date of birth of parties.
  • Residential proof of both the parties.
  • Two passport size photographs of both the parties]
  • Death certificate or divorce decrees whichever is applicable, in case one of the parties had any marriages in the past. 

PROCEDURE:

  • The parties need 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 30 days immediately preceding the date on which such notice is given.
  • The notice is then published/put-up by the Registrar of Marriage inviting objections, if any.
  • After the expiration of 30 days from the date on which notice of intended marriage has been published, the marriage may be solemnized unless it has been objected by any person.
  • The marriage may be solemnized at the specified Marriage Office.
  • Both parties along with three witnesses are required to be present on the date of registration/Solemnization.


 

COURT MARRIAGE OF AN INDIAN AND A FOREIGN NATIONAL

A marriage between parties one of whom at least is a citizen of India may be solemnized under Special Marriage Act, in India before a Marriage Registrar in India or a Marriage Officer in a foreign country.

ELIGIBILITY CRITERIA:

  • At least one of the parties should be an Indian citizen.
  • The bride groom must be 21 years of age; the bride must be 18 years of age.
  • Neither party has a spouse living,
  • Neither party is an idiot or a lunatic,
  • The parties are not within the degrees of prohibited relationship
  • Each party involved should not have any other subsisting valid marriage.

DOCUMENTS REQUIRED:

  • Application form duly signed by both the parties.
  • Documentary evidence of date of birth of parties.
  • Copy of Passport of both the parties with valid Visa.
  • Residential Proof of both the parties.
  • Documentary evidence regarding stay at district in India of one of the parties for more than 30 days (Proof of stay or report from the concerned SHO).
  • N.O.C. or Marital Status certificate from the concerned embassy or Consulate in India by a foreigner partner.
  • Death certificate or divorce decree whichever is applicable, in case one of the parties had any marriages in the past.

PROCEDURE:

  • The parties to the marriage shall give notice in writing in the form specified, 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 30 days immediately preceding the date on which such notice is given, and the notice shall state that the party has so resided.
  • All the documents are verified at the Office of Marriage Registrar.
  • The law of other nation shall not be in conflict with Indian laws.
  • The notice is then published inviting objection to the marriage, if any.
  • If no objection is made, then, on the expiry of the notice publishing period, the marriage may be solemnized.
  • The marriage shall be solemnized in the presence of at least three witnesses.
  • Further the Marriage Certificate is entered and is granted by the Marriage Registrar.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1. You need to apply for visa of more than 30 days before registration of marriage as it is mandatory for both to be India for minimum 30 days before registration of marriage under special marriage act.

2. Copy Passports along with visa details, two IDs and address proof, passport size photographs of both parties.

3. Two witnesses along with IDs.

4. Registrar will not send notice at residential address they will publish notice in news papers and on notice board of registrar office. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

The persons marrying each other shoukd be living in that district. At least one  of them. After that an application for marriage under the special marriage act must be given. A notice is pasted in the office of the sdm. After 30 days the marriage takes place.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Under the special marriage act the notices are generally  sent by the authorities which is illegal. There is no such thing in either the act or the rules. Inform the authorities of the rules. If they persist then you may give something to the authorities and police station and they will not send notices.

A lawyer is needed who will sign the papers and prepare them. He wil also assist you in other legal issues which may arise.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You are right that you may have to register the marriage under special marriage act.

Since the procedures for registering the marriage is cumbersome, you need to comply with all the procedures properly in this regard.

The assistance iof a lawyer may not be necessary if you can manage the show by yourself with the help of your known people in the local where you plan to get your marriage solemnised and registered.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

The notice may not be sent to the ho,me address in all the cases, however if you want that this notice not to be sent to your home address and only to the given address, then somebody must be available  to receive the same at the given address. 

Law is common to all hence you cannot seek any exemption or deviation in law in this regard.

You may always get conflicting answers through internet, hence you can choose the best one that suits you.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer