• Marriage with foreign national

I am an indian citizen (hindu) residing and working in kolkata india my partner is an Italian national ( Christian) and citizen living and working in Milan Italy. I need advice regarding marriage in india and the paperwork involved and also advice on how to get the marriage validated and legalised in Italy ( Milan) for visa and immigration related purposes .
Asked 1 year ago in Family Law
Religion: Hindu

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12 Answers

You have to get married under provisions of special marriage act as your wife is foreign national 

 

2) 30 days notice of intended marriage has to be given 

 

3) 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).

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

Hello,

Your marriage needs to be registered under special marriage act for which your partner has to come over here and he also have to show his proof of residence here . 

Regards 

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

1.      Proof of date of births.

2.     Passport of foreign national.

3.     Declaration from foreign national in proof single status.

4.     Passport photographs of all.

5.     Proof of residence of Indian national.

Happy married life in advance to both.

Ravi Shinde
Advocate, Hyderabad
4195 Answers
42 Consultations

You can get married with your partner under Special Marriage Act. The presence of you partner is required in India at the place where you intend to get married. Appear the Registrar of Marriage in the district in which you are residing from last 30 day with your partner with three witnesses, submit applicant form. A notice will be affixed on the notice  board seeking any objections to the marriage and after thirty days your marriage will be solemnized by the Registrar. Following documents are required..

1.      Proof of date of births.

2.     Passport of foreign national.

3.     Declaration from foreign national in proof single status.

4.     Passport photographs of all.

5.     Proof of residence of Indian national.

Happy married life in advance to both.


You can very much avail online registration. 

Address of only one partner is sufficient. 

Ravi Shinde
Advocate, Hyderabad
4195 Answers
42 Consultations

Passport would reflect her Italian address 

 

2) for registration in Italy consult lawyer in Italy 

 

3) don’t go by advice of online portal 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

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 finally.

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

The online portal yu are referring to from Telangana state may not be a genuine one, on discreet enquiry you will find such portals indulge in all types of fraudulent activities.

In order to avoid being trapped by some fraudsters by spending huge money, you may better walk in to a local marriage registrar office, clarify the details to be complied and you may procure all the details and comply with the same as per procedures of law, you will be more safe that way because it is the exact procedures as prescribed in law. 

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. 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. Upon receipt of an application signed by both the parties to the marriage for the registration, the Marriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objection and after hearing any objection received within that period, shall, if satisfied that all the conditions are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the prescribed form and such certificate shall be signed by the parties to the marriage and by three witnesses. This Certificate is required as proof of the marriage and when applying for a visa to for a foreign country.

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

Physical presence is necessary atleast once in solemnisation of marriage 

Prashant Nayak
Advocate, Mumbai
32479 Answers
200 Consultations

-  Since, you are residing in India ,the marriage can be registered under the Special Marriage Act 

Procedure for Marriage Registration: 

  • The parties have to file a Notice of Intended Marriage after making an application in the office of the Marriage Registrar. Such notice can be given by the party who is residing in India.
  • They can apply in the city/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 of Marriage will be published by the Marriage Registrar by affixing it in the notice board, for inviting objection if any.
  • If any person has an objection to the marriage, then that person can raise objection within 30 days from the date of publication of Notice.
  • If there is no objection, then after the expiration of 30 days from the date of publication of Notice, the marriage may be solemnized.
  • The marriage can be solemnized at any place in the same district and even at the specified marriage registrar office.
  • Both the parties of the Marriage along with three witnesses are required to be present before the Marriage Registrar on the date of registration/solemnization of marriage. 

1. Her address proof of India not required , if you having property address and resident of Kolkata. 

2. Yes, after the registration , the certificate can be attested from the consulate of Italia. 

3.  You can registered the marriage in Kolkata. 

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

Validating the marriage in Italy for visa and immigration purposes:

Marriage in India:

  1. Notice of Marriage: Visit the local marriage registration office in Kolkata to give notice of your intention to marry. This is usually done 30 days before the intended marriage date.

  2. Documents: You and your partner will need to provide documents such as birth certificates, passports, photographs, and residence proofs. Your partner will also need a No Objection Certificate (NOC) from their country's embassy or consulate in India.

  3. Witnesses: You'll need two witnesses present at the marriage registration office on the day of marriage.

  4. Ceremony: Depending on your preferences, you can have a religious or civil ceremony. The marriage officer will solemnize the marriage and issue a marriage certificate.

Validation in Italy:

  1. Apostille or Legalization: After getting the marriage certificate in India, you'll need to get it apostilled or legalized from the appropriate Indian authorities. This is usually the Ministry of External Affairs and the embassy/consulate of Italy in India.

  2. Translation: If the marriage certificate is in a language other than Italian, you'll need to get it translated into Italian by an official translator.

  3. Declaration: Your partner needs to present the apostilled/legalized marriage certificate, translated version, and other required documents at the local Comune (municipality) in Milan to start the validation process.

  4. Registration: The Comune will process the documents, and if everything is in order, they will register the marriage in Italy. You'll receive a marriage certificate issued by the Italian authorities.

  5. Immigration: The validated and registered marriage certificate can then be used for immigration and visa purposes in Italy, as it proves the legal status of your marriage.

Akbar Usmani
Advocate, Jabalpur
9 Answers

She have to live in India for one month to apply for court marriage in India. Permanent address not need.  

Than one month notice time, than marriage will solemnized. 

indian marriage certificate valid and legal for all purpose. 

Telangana has online marriage - that may be for local only and/or after above procedure followed. 

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

Dear Client,

She is required to reside in India for a duration of one month in order to initiate the court marriage process. A permanent address is not mandatory.

Following this, there is a one-month notice period before the marriage can be solemnized.

The Indian marriage certificate holds legal validity and is accepted for all purposes.

Telangana offers an online marriage option, which could be limited to local residents or accessible after completing the aforementioned procedure.

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

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