• Marriage with foreigner in India

I am an Indian citizen living in Odisha, my future wife is a foreigner, citizen of Romania. We are going to get married in India and I need to clarify some information on this matter. The main point is that my girlfriend lives in Romania, Iasi.
I already know that this marriage is to be registered according to the the Foreign Marriage Act (1969). According to this do my girl friend need to stay in India for 30 days(consecutive 30 days or cumulative) before applying to get married or maybe she would just arrive to India with all necessary document, go to the local registry office where we submit our Notice of Intended marriage and then leave back to Romania again and patiently wait for a month to obtain our marriage certificate? What documents I have to provide in this case?

Thanks in advance for your help.
Asked 1 year ago in Family Law
Religion: Hindu

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8 Answers

If marriage is solemnised in India it has to be registered under  provisions of special marriage act 

 

2) if solemnised abroad then it can be registered under provisions of foreign marriage act 

 

3) notice of intended marriage has  to be signed by both parties .you can send papers to her she can sign the same and return it to you for submission to marriage registrar 

 

4) you need identity proof and address proof of parties 

 

5) passport of your fiancée ,your aadhar card can be used as address proof 

 

6) in addition birth certificate of both parties 

 

7) Certificate of No Impediment/Single Status Affidavit

 

8) 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).

 

9) your fiancée 30 days continuous stay is not required 

 

9) 

You should also carry 3 nos of passport size photographs.

--- The marriage itself is solemnized in front of the marriage Registrar where in the husband and wife has to take

the oath.

-- The marriage certificate will be issued only after 15 days and the said marriage certificate will contain

photographs of you and your husband and also the photographs of the witness.

Ajay Sethi
Advocate, Mumbai
97233 Answers
7852 Consultations

According to my web search results, you have two options to get married to your future wife, who is a citizen of Romania, in India. You can either register your marriage under the Special Marriage Act, 1954, or under the Foreign Marriage Act, 1969. The difference between these two acts is that the Special Marriage Act applies to marriages that take place in India, while the Foreign Marriage Act applies to marriages that take place outside India. Therefore, if you want to get married in India, you should follow the procedure under the Special Marriage Act, 1954.

The Special Marriage Act, 1954, allows any two persons to marry under this act, regardless of their religion, caste, or nationality. However, you will have to satisfy certain conditions and procedures to register your marriage under this act. Some of the conditions and procedures are:

  • You and your future wife should be of legal age to marry in India, which is 18 years for girls and 21 years for boys.
  • You and your future wife should not be within the degrees of prohibited relationship, which are specified in the act.
  • You and your future wife should give a notice of your intended marriage to the Marriage Officer of the district where at least one of you has resided for not less than thirty days immediately preceding the date on which such notice is given. This means that your girlfriend will have to stay in India for at least thirty days before you can apply for your marriage registration. The thirty days can be consecutive or cumulative, as long as they fall within the period of six months before the date of notice.
  • The notice will be published by the Marriage Officer and any person may raise an objection to your marriage within thirty days from the date of publication. If no objection is raised, or if the objection is dismissed by the Marriage Officer, you can solemnize your marriage within three months from the date of notice.
  • The marriage can be performed according to any form or custom, as long as it does not violate any essential condition of a valid marriage.
  • After the marriage is solemnized, you have to sign a declaration in the presence of three witnesses and the Marriage Officer, who will issue a certificate of marriage.

The documents that you have to provide for your marriage registration under the Special Marriage Act, 1954 are:

  • Birth certificates (for age proof)
  • A valid visa of more than thirty days for your future wife
  • A single-status affidavit or a no objection certificate from the respective embassy or consulate for both of you
  • A divorce decree or death certificate, if any of you was previously married
  • A proof of residence in India for at least thirty days for either of you
  • A passport size photograph for both of you
  • A fee as prescribed by the Marriage Officer

You can consult a lawyer who specializes in family law and cross-border marriages for further guidance and assistance.

 

Muraleedharan R
Advocate, Trivandrum
373 Answers
2 Consultations

Yes she needs be jn india for last 30 days for registration in special marriage act 

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

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.

T Kalaiselvan
Advocate, Vellore
87436 Answers
2348 Consultations

Yes you can get married in India  as your future wife is from another country and she will be coming to India for marriage   to save time you can get your documents ready in which you would be moving a joint application to the marriage registrar along with other documents. Notice shall be published in news paper as well as put on the notice board for 30 days if any one wants to file any objection they can. Only after 30 days of notice period the registrar would  call you both on a given date  along with two witnesses for marriage.

1. The most important document what your wife will have to produce is NOC from Romania  embassy stating that she is not married in her country if married she had divorce ..

2. Copy of passport

3 Age Proof  

4. Address proof

 

Jaminder Pal Singh
Advocate, Agra
10 Answers

- Since, you want to register the marriage in India , then it will be registered under the Special Marriage Act , and not Foreign Marriage Act.

- Since, you are living in INDIA , then you can file a Notice of Intended Marriage after making an application in the office of the Marriage Registrar, after taking required documents from your girlfriend. 

- Further, on the date given by the marriage registrar , you both will have to present with three witnesses before the Marriage Registrar on the date of registration/solemnisation of marriage. 

- Further, when the marriage is solemnised then the Marriage officer will issue a Marriage Certificate after entering in a register, and after taking the signature of both the parties and three witnesses. This Marriage Certificate is a legal proof of marriage.

Documents Required for Registration of Marriage:

  • The Notice signed by both the parties
  • Receipt of fees paid along with the Notice
  • Proof of residence of both the parties
  • Proof of date of birth of both the parties, like birth certificate, educational certificate, passport etc.
  • Affidavit of both the parties
  • Copy of Passport of both the parties with valid Visa of the foreign national
  • Two passport size photograph of both the parties.
  • Documentary proof of staying more than 30 days in India of the foreign national.
  • No objection Certificate or marital status certificate from the concerned embassy or consulate in India by the foreign national.
  • proof of residence and identity of all the three witnesses.

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

Your wife has to stay here in India for continues 30 days before the registration of marriage and submit the same proof.

 

Ganesh Kadam
Advocate, Pune
12995 Answers
262 Consultations

Dear Client
Under the Foreign Marriage Act (1969), non-resident Indians (NRIs) and foreign nationals can get married in India. Here are some key points to consider:

Notice of Intended Marriage: You will need to submit a "Notice of Intended Marriage" to the Marriage Registrar of your district in India. This notice is typically required to be filed at least 30 days before the intended date of marriage.

Residency Requirement: As per the Act, there is no specific requirement for the foreigner (in your case, your girlfriend) to stay in India for a certain number of consecutive days before getting married. The notice period of 30 days allows for verification and objections, if any, to be raised.

Documents Required: You will need to provide certain documents when submitting the Notice of Intended Marriage. The specific documents required may vary from one district to another, so it's advisable to check with the local Marriage Registrar. Generally, you may need to provide the following documents:

Passport of both parties.
Proof of residence in the respective countries (for both Indian and foreigner).
Certificate of unmarried status or No Objection Certificate (NOC) from the concerned authorities in the foreigner's country.
Affidavits of both parties regarding the date of birth, marital status, and nationality.
Passport-sized photographs.
Any other documents specified by the local Marriage Registrar.
Marriage Ceremony: After the 30-day notice period is completed and no objections are raised, you can proceed with the marriage ceremony. The marriage can take place in the presence of a Marriage Registrar and two witnesses.

Marriage Certificate: Once the marriage is solemnized, you will receive a marriage certificate as proof of your marriage.
It's crucial to consult with a legal expert or visit the local Marriage Registrar's office in your district for precise and up-to-date information regarding the requirements and procedures specific to your location.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

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