• Indian girl marrying Pakistani boy

Im an Indian Hindu girl, and want to marry a Pakistani Muslim boy. We both want to live in India as Indian citizens. My questions are - 
1. If he comes on tourist visa to India, and marries me under Special Marriage act, then how can he extend his visa to stay in India for continuous 7 years? 
2. What documents will be required for such a stay of continuous 7 years, and what is the procedure for this?
3. After 7 years of stay in India, will he be able to get Indian Citizenship?
4. In these 7 years, will he able to work/ get job in India?
5. In these 7 years, will he able to get Aadhar card and open a bank account in his name?
6. Will he be able to visit his family in Pakistan after marrying me, or after a period of 7 years?
7. What religion our children will be able to adopt?
8. I own an immovable property in India. Does the property laws change for me after marrying him?
9. If we both want to adopt a child in India after marriage, will we be able to do that? and how soon can we adopt ?
Kindly clarify point by point, as we both are serious in our relationship. Thanks in advance.
Asked 5 months ago in Family Law
Religion: Hindu

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9 Answers

Pakistani nationals can apply for a tourist visa to India, but it's only a single-entry visa valid for three months. Pakistani nationals who are married to Indian nationals and their children may be eligible for an X-2 visa that's valid for five years and allows multiple entries.

If a Pakistani Muslim man marries an Indian woman in India, they'll need to register their marriage with the relevant authorities in India  

The children can adopt the religion of either of the parent

Your property remains with you as per Indian law even if you marry a foreign national 

After marriage if you want to adopt a child then you may approach CARA which will guide you about the procedures and the law to be complied 

T Kalaiselvan
Advocate, Vellore
87665 Answers
2353 Consultations

Dear Client,

  1. While it is legally possible for a Pakistani citizen to marry an Indian citizen under the Special Marriage Act, 1954, while on a tourist visa, this is generally discouraged. Marrying on a tourist visa might create complications, including issues with visa extension and legal status in India. After marriage, your husband would need to apply for an extension of his stay in India. He can apply for an X Visa (Entry Visa) based on marriage to an Indian citizen. This visa is initially granted for a year but can be extended annually.
  2. The documents required for a continuous stay include valid passport and visa, marriage certificate, proof of residence in India, application for X visa, a letter of recommendation from the Indian spouse and so on. After marriage, apply for the X Visa. Each year, apply for an extension of the X Visa through the Foreigners Regional Registration Office. Maintain proper documentation of your husband's legal stay and marriage for each extension.
  3. Under Section 5(1)(c) of the Citizenship Act, 1955, your husband can apply for Indian citizenship by naturalization after residing in India for at least 7 years. The stay must be continuous and on a valid visa. The process involves proving good character, intent to reside in India, and fulfilling other criteria set by the Ministry of Home Affairs.
  4. An X Visa does not grant work rights. To work legally, your husband would need to obtain an Employment Visa, which can be difficult for Pakistani citizens due to stringent security checks. You may explore the possibility of converting the X Visa to an Employment Visa if your husband secures a job offer.
  5. Foreigners on an X Visa are not eligible for an Aadhar card. However, your husband can use his passport and visa documents to obtain a Permanent Account Number (PAN) card, which can help in opening a bank account. He can open an NRO (Non-Resident Ordinary) account in India using his visa and passport as identification, along with proof of address in India.
  6. During the 7- year period, your husband can visit Pakistan, but re-entry into India will require re-application for a visa. Each visit outside India could affect his eligibility for citizenship, as continuous residence is required. After 7- years, travel restrictions may still apply due to existing Indo- Pak relations.
  7. You and your husband can decide the religion of your children. There is no legal obligation for children to follow the religion of either parent. Children from interfaith marriages are typically free to choose their religion upon reaching adulthood.
  8. Your ownership of immovable property in India remains unchanged after marriage. Indian property laws do not discriminate based on the nationality or religion of the spouse. Your ownership of immovable property in India remains unchanged after marriage. Indian property laws do not discriminate based on the nationality or religion of the spouse.
  9. As a couple, you can adopt under the Hindu Adoption and Maintenance Act, 1956 (if you choose to follow Hindu law) or the Juvenile Justice (Care and Protection of Children) Act, 2015. The adoption process will take into account the religious backgrounds of both parents. Adoption in India can take anywhere from 6 months to 2 years, depending on various factors, including availability of children and legal processes.

Anik Miu
Advocate, Bangalore
10367 Answers
121 Consultations

Your husband can apply for long term visa after marrying you 

 

2) Foreign nationals of Pakistani origin married to Indian nationals and their children may be granted 'X-2' visa for a period of 5 years at a time with multiple entry facility..

 

3) section 5(1) (c) of citizenship act provides that a person can be regsitered as indian citizen if such a person is married to a citizen of India and is ordinarily resident in India for seven years before making an application for registration.

 

4) An NRO (current/ savings) account can be opened by a foreign national of non-Indian origin visiting India

 

5) property laws don’t change after marrying him .you continue to remain hindu as you have not converted into Islam 

 

6) you have to approach central adoption agency if  you want to adopt a child 

Ajay Sethi
Advocate, Mumbai
97463 Answers
7880 Consultations

1. grant of visa depends upon the discretion of the issuing authority. If he fulfills the criteria set by the Govt of India his visa can be extended.

2. Employment in India would be a good reason for extension of visa.

3. It depends.

4. It depends

5. No until he becomes Indian citizen.

6. At any time.

7. Any religion either of you choose. 

8. No

9. Yes. Time varies

Since it is a cross border and inter religious marriage, do involve your family elders especially parents and go by their advice. 

Devajyoti Barman
Advocate, Kolkata
23323 Answers
522 Consultations

1. As per Special Marriage Act, 30 days stay in India is mandatory for registration 

- After registration of marriage , your husband can apply for getting long terms visa i.e. X-2 Visa for 5 years 

2.  Proof of 7 years stay in India , Passport  and spouse documents 

3. Yes, he can apply for getting citizenship 

4. Yes,

5. No, only after getting citizenship of India 

6. Yes, he can visit his family in Pakistan during this period. 

7. You can continue your religion and even your children 

8. No

9. Yes, after getting citizenship of India. 

Mohammed Shahzad
Advocate, Delhi
14747 Answers
224 Consultations

- An 'X-2' Visa of nationals of another country married to Indian nationals is not entitled to convert the visa into  an Employment Visa.

- However he can do jobs like a Cab-driver, or some property marketing, or some office work while on X2 visa in India

Mohammed Shahzad
Advocate, Delhi
14747 Answers
224 Consultations

work visa cannot be granted for ordinary , clerical or routine jobs . applicant should be highly skilled and qualified professional

2) he cannot take up petty jobs if he is on x 2 visa 

Ajay Sethi
Advocate, Mumbai
97463 Answers
7880 Consultations

 If one has a valid work visa approved by the Ministry of External Affairs then that Pakistani person is allowed to work in India like any other foreign nationals are allowed.

Employment visas are issued to skilled and qualified professionals or persons, who are engaged or appointed by companies, organizations and economic undertakings as technicians, technical experts, senior executives etc.

X2 visa allows a stay of up to five years with multiple entries. X-2 Visa: Spouses and children of Indian citizens or PIO/OCI cardholders (excluding registered OCI cardholders) can obtain this visa.

He may not be legally permitted to take up any petty job while his stay in India under X2 visa too.

T Kalaiselvan
Advocate, Vellore
87665 Answers
2353 Consultations

Dear Client,

As observed, under the X2 visa for spouses of Indian nationals, X has no right to work in any form anywhere in India including driving a taxi or marketing properties. It may not be utilized for legally engaging in work activities since the visa doesn’t allow it. Since X cannot work legally he may look for employment through volunteering with NGOs of which some might have small wages to pay, engagement in skill development activities with the aim of getting better employment in future and participation in online freelancing provided he has specialized skills. Nevertheless, freelancing should be taken wisely so as not to violate the provisions of the visa laws. If X wishes to find lawful employment in India, he should consider applying for a work visa, which is granted upon presentation of a job offer and proof of possessing a more skilled position. In addition, seeking advice from an immigration lawyer will also help to discuss any possible routes that may be available to obtain employment in India without violating local regulations.

 

Hope you find this answer beneficial for resolving the dispute.

Anik Miu
Advocate, Bangalore
10367 Answers
121 Consultations

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