Marriage registration is very important to legally validate a marriage and to exercise the legal marital rights associated with it. When one of the parties intending to marry is an Indian citizen and the other is a foreign citizen, the marriage will be solemnized under the Special Marriage Act, 1954 and they can apply to the office of the Registrar of Marriages for registration of marriage and to get a valid Marriage Certificate.
Essential Conditions for Court Marriage:
Under Section 4 of the Special Marriage Act, essential
conditions are given below:
👉At least one of the parties must be a
Citizen of India
👉Neither of the parties should have a living
spouse at the time of marriage i.e. the earlier marriage must be legally
dissolved before applying for the registration of marriage.
👉The bridegroom should be of twenty-one (21)
years and bride should be of eighteen (18) years of age.
👉Both the parties should be in a capacity to
give their free and full consent for the marriage.
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.
When the marriage is solemnized 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.
➤Death
certificate or Divorce papers, in case earlier marriage.
➤Proof
of residence and identity of all the three witnesses.
Your questions answer:
How can a foreigner marry in India?
A foreigner can marry in India as per follows :
👉A valid visa of more than 30 days for the
foreign national.
👉Address proof and passport size
photographs.
👉A single-status affidavit signed by both
parties, and if one of the parties has married previously then the Divorce
Decree or Certificate of Death (as case may be) (for widowed) is required.
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