Court marriage for NRIs (Non-Resident Indians) refers to a legal union between two individuals of Indian origin who reside outside of India. It allows them to solemnize their marriage under the provisions of the Special Marriage Act, 1954, without the need for traditional ceremonies.
NRI court marriages typically involve the couple appearing before a marriage registrar or a designated court to complete the marriage formalities. It offers a convenient and legally recognized option for NRIs to get married while residing abroad or visiting India.
Legislation on Marriage of NRIs
The marriage of NRIs (Non-Resident Indians) in India is governed by various laws and acts. There is some key legislation relevant to the marriage of NRIs in India -
Special Marriage Act, 1954: The Special Marriage Act is applicable to all Indian citizens, including NRIs. It provides for a civil form of marriage that can be solemnized irrespective of the religion or nationality of the parties involved. It allows NRIs to marry in India under its provisions.
Hindu Marriage Act, 1955: The Hindu Marriage Act is applicable to Hindus, Sikhs, Jains, and Buddhists. It governs the marriage and divorce processes for individuals belonging to these religions. NRIs that fall Under the purview of this act, one can choose to marry or seek divorce in India under its provisions.
Foreign Marriage Act, 1969: The Foreign Marriage Act is applicable to marriages of Indian citizens solemnized outside India. NRIs who marry abroad can have their marriage registered under this act at the Indian diplomatic mission or consular office in the country where the marriage took place.
Documents Required for Same-Day Court Marriage for NRIs
The commonly required documents are as follows:
Passport: A valid passport is usually a mandatory document to establish identity and nationality.
Proof of Residence: NRIs may be required to provide proof of their current residential address, such as a utility bill, rental agreement, or any other official document.
Birth Certificate: A copy of the birth certificate may be needed to verify the age and identity of the individuals.
Single Status Certificate: Some courts may require a certificate stating the marital status of the individuals, confirming that they are single and eligible to marry.
Affidavit of Bachelorhood: An affidavit declaring that the individuals are unmarried and free to marry may be required.
No Objection Certificate (NOC): If either party has been previously married, a NOC or divorce decree from the previous spouse may be necessary.
Passport-sized photographs: Recent passport-sized photographs of both individuals are typically required.
Procedure for Same-Day Court Marriage for NRIs
The procedure for same-day court marriage for NRIs is as follows:
Research and Consultation: Research the requirements and procedures for court marriage in the specific country and court where you plan to get married. Consult with legal experts or authorities to understand the process in detail.
Documentation: Gather all the required documents, such as passports, proof of residence, birth certificates, single status certificates, affidavits, NOCs (if applicable), and photographs, as per the prescribed format.
Notice of Intended Marriage: Submit a Notice of Intended Marriage to the concerned court or marriage registrar within the designated timeframe. The notice period may vary depending on the jurisdiction.
Publication and Objections: The notice of intended marriage may be published in the designated manner, allowing time for any objections to be raised. If no objections are received within the specified period, the process can proceed.
Court Appearance: Both individuals will need to appear before the marriage registrar or designated court on the scheduled date. They may be required to take an oath or provide statements regarding their intention to marry.
Marriage Ceremony: The court will solemnize the marriage ceremony according to the provisions of the Special Marriage Act, 1954. The couple may exchange vows or perform any necessary rituals as per their preference.
Marriage Certificate: After the completion of the marriage ceremony, a marriage certificate will be issued by the court. Legal evidence of the marriage is provided by this certificate.
You will need the help of lawyers to assist NRIs with the legal process of same-day court marriage by providing guidance, ensuring compliance with legal requirements, preparing necessary documents, and representing their interests throughout the proceedings. If you need the help of lawyers to know about the court marriage fees in mumbai, then lawyers in Mumbai can be consulted, and if you need the help of lawyers to know about the same day court marriage fees in delhi, then lawyers in Delhi can be consulted. Similarly, lawyers in Delhi can be hired if you need their help to know the procedure for court marriage 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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