Dear Sir, I am narutalized Austrian (europe) originally hailing from India (from Tamil nadu). I have an 'Overseas citizen of India' (OCI) card that puts in par with NRI. I was married to an Austrian and now divorced (mutual consent, original divorce papers in German, now apostilled and translated by a court appointed certified translator). I would like to marry an indian woman (also from TN, and divorcee, with all divorce papers) in Tamil nadu in the coming weeks. I would like to ask, the following questions: - Which marriage act applies to us, given both are hindus: HINDU MARRIAGE ACT (since both hindus, though I am a foreigner but of indian origin and also have an OCI card) or SPECIAL MARRIAGE act (since I am a foreigner, even though I have an OCI card) or any other marriage act specific to thhe state? - Which documents would I need. We both currently have i. Aadhar with correct addresses ii. Birth Certificates and iii. Divorce decree (apostilled and translated in my case). - What is the procedure and is there a notice period, if yes, how much. - How long does it take to get the marriage certificate.
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Since you are foreigner and your fiancée is Indian you can get married under provisions of special marriage act
2) 30 days notice of intended marriage has to be given
3) Application form duly signed by both parties Documentary evidence of the date of birth of parties (Matriculation Certificate / Passport / Birth Certificate)
4) The residence proof of the parties (Ration Card, Aadhar Card, ElectionVoter Id, PAN Card, or bills like Electricity Bill, etc.)
- If one party of the marriage is a foreigner , then marriage will be registered under the Special Marriage Act from the office of Registrar.
- Further for marriage registration and getting the certificate , 30 days stay in India is needed , however the person who is staying in India can apply in the absence of the spouse who is residing abroad.
- Further , you can apply online as well , and in some state there is facility through VC .
- Further the following documents required for marriage registration :
- 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
Dear Client,
You can get married under the Special Marriage Act of 1954. You will need the following documents -
Birth certificates (for age proof), A valid visa of more than thirty days for the foreign national, single-status affidavit signed by both parties, Address proof and passport size photographs, adequate documentary evidence of 30-day residence in India. You will be issued an original, stamped marriage certificate in 10-15 days.
Thank You
The Act under which you got married will be applicable to you got divorce.
Your marriage can be registered under the provisions of special marriage act only because you are not an Indian citizen now and holding a foreign passport.
Even though you are a Hindu by religion and hold OCI card, since you are a foreigner, you are required to register your marriage under the provisions of special marriage act only.
The NRI status can also be given to citizens who live abroad but have the roots connected to India whether through their parents or guardians. On the other hand, OCI cardholders are foreigners or citizens who want to work or to study within the Indian territory.
In India, civil weddings are governed by the provisions of The Special Marriage Act (1954).
You’ll need to submit your own documents to prove your identity.
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
In case a marriage between an Indian and a foreign national is to take place in India, generally its required to file a notice of intended marriage with a Marriage Registrar of your choice in India. That notice is required to be published for the stipulated 30 days. At the end of the 30 days the Marriage Registrar is free to perform the marriage.
The notice of intended marriage can only be given in India, if at least one partner is permanently and the other partner temporarily resident in India.
a citizen of another foreign country may be required to present to the marriage officer a “no objection letter” from the Embassy or Consulate of his country, as well as proof of termination of any previous marriages.
I have been to Austria. Its beautiful.
- SPECIAL MARRIAGE Act- 30 days India stay proof.Any other document, TN lawyer will inform.
- 31 days
- 31st day
