Registration of marriage is a mode of proof of marriage. On adducing the registration certificate of marriage, it may be presumed by the law that marriage is deemed to has taken place.
In case a marriage between an Indian and a foreign national is to take place in India, the marriage has to solemnize under the Special Marriage Act of 1954. Generally it is required to file a notice of intended marriage with a Marriage Registrar of your choice in India. That notice is required to be published within the stipulated 30 days. At the end of the 30 days the Marriage Registrar is free to perform the marriage.
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.
If one partner is residing in a foreign country then the partner who is resident in India will have to fill out the “Marriage Notice” collected from the Marriage Registration Office of his/her choice in India and send it to his/her partner in the foreign country who will also have to fill it out. This “Notice” should then be sent back to the partner in India who will have to re-submit it at the Marriage Registration Office. 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 marriage and when applying for a visa to a foreign country.
The requirement for this will be your age proof, (Passport, Birth Certificate) your address proof (Passport, Ration Card, Voters Identity card) and Martial status. The best for you both to give one notice for marriage under the Act of 1954 to the Marriage Officer of the District where you permanently reside in India, after one month notice period marry her in presence of 3 witnesses by the Marriage Officer, get Valid Marriage Certificate from the Marriage Officer
The following documents are required for both the partners for register the marriage
- 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)
For the clause 5 create a rental agreement soon for period of not less than 30 days prior to filing the application
Marriages can be registered in the virtual presence of parties, the Delhi High Court has ruled, saying that in the present times, citizens cannot be prevented from exercising their rights because of a rigid interpretation of law which calls for “personal presence”
Hearing a plea by a US-based Indian couple seeking to register their marriage here through video conferencing, Justice Rekha Palli opined that not treating physical presence as a mandatory requirement would also encourage parties to easily get their marriages registered.
Following the completion of the thirty-day objection period, the marriage will be solemnised, unless it has already been opposed to by any individual. In any case, if an objection is raised against an intended marriage, the Marriage Registrar cannot solemnise the marriage until he has investigated the matter of objection and reached a decision that the earlier raised objection will not prevent the marriage from being solemnised, or the prior objection is withdrawn by the individual raising it. However, if the marriage officer validates the objection and refuses to solemnise the marriage, any of the intended parties may file an appeal with the district court within the local limits of the marriage officer’s office within thirty days, and the decision of the district court on such appeal will be binding, and the marriage officer must act in accordance with the court’s decision.