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Jun 9, 20233 min read

Procedure Of Instant Marriage Of Two Foreigners In India

An Indian court may approve the annulment of a marriage between an Indian and an NRI if it is declared invalid by a foreign court.


The Pre-Marriage Requirements to Take into Account. For two people to proceed with being married there are three basic requirements. The Special Marriage Act's Section 4 specifies these requirements, which are as follows:

  • The parties (i.e., the people wishing to get married) cannot both have a spouse who is still alive; instead, they must both be single, divorced, or widowed.

  • The partners' consent is legitimate (i.e., they both have sound minds) and they are mentally capable of entering into a marriage (i.e., they are not prone to episodes of insanity and are fit to have children).

  • The female is at least eighteen years old, while the guy is at least twenty-one.

Procedure:

In India, the instant marriage process for two foreigners is the same as for Indian nationals. For foreign nationals, there are a few extra needs and considerations, nevertheless. Here is a general description of what happens:


1. Investigate and comprehend Indian marriage laws: Become familiar with the pertinent Indian marriage regulations. In order to assure compliance, it is vital to consult the relevant authorities or legal professionals. Marriage laws can differ based on the couple's country and religion.

2. Obtain a No Objection Certificate (NOC) from your country's embassy or consulate in India. Foreigners who want to get married in India must do so. The NOC, which must be provided as part of the marriage registration process, certifies that there are no legal challenges to the marriage.

3. Apply for a marriage visa: If the applicants do not already have valid visas to enter India, they must do so. Typically, this procedure entails filing an application to the Indian embassy or consulate in the applicant's country of residence.

4. Select the wedding location: Make a decision regarding the place of your wedding. It can be a church, a courtroom or a licensed marriage license agency.

5. Visit the marriage registration office: To learn more about the paperwork and procedures for registering a marriage, both parties must go to the marriage registration office that is the closest to them.

6. Assemble the relevant paperwork: Gather all the paperwork needed to register a marriage, which may include:

  • passport and both parties' current visas

  • certificates of birth

  • evidence of address

  • NOC from the embassy or consulate and affidavits stating their existing marital status and intention to wed

  • passport-sized images

7. Register the marriage: Both parties must appear in front of the marriage registrar with the necessary documentation and at least two witnesses (often two) in order to have their marriage registered. The paperwork will be checked by the registrar, who will also complete the marriage registration procedure. A marriage certificate is provided after a successful registration.

8. Additional religious or ceremonial steps: The parties can make additional arrangements if they want to have a religious or ceremonial wedding. However, it is crucial that the marriage is legally registered.


Case Law:

The decision is the result of a couple's request to have their marriage registered under the Act. The man is a Christian from the US, while the woman is Hindu and a Canadian citizen. According to the Delhi High Court, who ordered the state government to change its policies in this regard, foreigners can register their marriage under the Special Marriage Act of 1953 and there is no necessity that at least one of the spouses be an Indian citizen.


In order to make sure that the requirement that one of the parties be a citizen is not insisted upon, the single-judge bench further ordered the secretary of the relevant ministry of the Delhi government to provide details of the steps taken for amending the guidelines along with the steps taken for editing the requirements in the e-portal under the Act.


If the couple lives in Gurgaon then Court Marriage In Gurgaon can be done. Moreover, if the Couple wants to do marriage in Delhi then Instant Court Marriage In Delhi can also be done. Court Marriage Fees Delhi should also be paid.


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