Specific marriages in India are governed by the Special Marriage Act, a regulation that oversees such unions. A marriage involving an individual of a different nationality also falls under the Special Marriage Act, which also covers marriages between people of different castes and origins in addition to marriages between people of different religions.
If one partner lives in India constantly and the other just visits occasionally, the notice period is 30 days. Under the terms of this Act, marriages between Indians and foreign nationals must also be registered.
For girls, India's legal marriage age is 18 years old. The same regulation applies to marriage with a citizen of another country for males who are 21 years old, notwithstanding the fact that their country's domestic legislation may specify a higher or lower marriage age.
Documents Required to Marry Foreigner in India
You must make sure the following paperwork is prepared before solemnizing your marriage-
Birth certificates provide evidence of age.
A visa that is valid for the foreign citizen for longer than 30 days
A single-status affidavit is signed by both parties. Let's say one of the parties has already been married.
The Decree of Divorce (for divorcees) or Death Certificate (for widowed) is required in that situation.
Proof of address and passport-size photos
Adequate documentation proving a 30-day stay in India
A "no objection" letter- For example, if an American citizen wants to get married in a civil ceremony, the marriage officer may ask him to submit a "no objection letter by the US Embassy or the Consulate, along with proof of the dissolution of any prior marriage, if any.
Procedure to Marry Foreigner in India
To marry a foreigner in India, the following general procedure is typically followed-
Eligibility Check- Ensure that both the Indian citizen and the foreigner meet the eligibility criteria, such as being of legal age and unmarried.
Notice of Intended Marriage- Both parties must give a notice of intended marriage to the marriage registrar at least 30 days prior to the intended wedding date. This notice is displayed on the office notice board for potential objections.
Supporting Documents- Submit the necessary documents to the marriage registrar, including identification proofs, address proofs, and birth certificates of both parties. The foreigner must provide additional documents like a valid passport and a valid visa allowing them to stay in India.
No Objection Certificate (NOC) - If the foreigner is an NRI or holds foreign citizenship, they may need to obtain a No Objection Certificate from their respective embassy or consulate in India. This certificate verifies their marital status and eligibility to marry.
Verification and Interview- The marriage registrar may conduct an interview with both parties individually or together to ascertain their willingness to marry and ensure there are no legal impediments.
Marriage Ceremony- The marriage ceremony can be performed according to the customs and traditions of the couple. It can be a civil ceremony or a religious ceremony performed in a temple, church, or other places of worship.
Registration of Marriage- After the marriage ceremony, the marriage must be registered with the marriage registrar within the stipulated timeframe. The couple, along with witnesses, must sign the marriage register and complete the necessary paperwork.
Marriage Certificate- Upon successful registration, a marriage certificate is issued by the marriage registrar. Legal evidence of the marriage is provided by this certificate.
It is important to note that the specific procedure may vary depending on the state or region in India. It's advisable to contact the local marriage registrar or consult legal experts for precise information and guidance based on your specific circumstances.
You will need the help of lawyers who can play a crucial role in the procedure to marry a foreigner in India by providing legal advice, assisting with document preparation and verification, ensuring compliance with immigration and marriage laws, and representing the couple's interests throughout the process.
If you need the help of lawyers to carry out your procedure for Court Marriage In Gurgaon, ten lawyers in Gurgaon can be hired, and if you need the help of lawyers to get knowledge about the Court Marriage Process In Hyderabad, then lawyers in Hyderabad can be consulted. Similarly, lawyers in Delhi can provide knowledge of the Court Marriage Fees In Delhi.
At Lead India, one can consult and talk to lawyers for any kind of legal consultation. They can get free legal advice online as well as ask a legal question online for free to lawyers from Lead India.
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