Marriage with a foreinger
StalkVik
(Querist) 01 October 2014
This query is : Resolved
Hi I am Indian and i want to get married to a foreigner ( from a Muslim Country) who had come to study to India. I understand that once we get married we have to get our marriage registered with the Registrar Of Marriages and then she has to give a Form 3 to renunciate her present citizenship.
I want to ask you what happens BETWEEN when she gives up her present citizenship ( that is when she POSTS the Form 3 to Ministry of external Affairs) and when she gets her Indian citizenship. What will be her status during that period of time.
I am sure i have missed out a lot of legal points as i am not a lawyer, please highlight them and oblige and help with a revert.
Regards
StalkVik
P. Venu
(Expert) 02 October 2014
Special Marriage Act is not concerned with citizenship (except in the State of J & K).
ROHIT SHARMA
(Expert) 02 October 2014
Dear Mr. StalkVik,
1. The destination where you want to get married is more important.
2. If you wish to get married in India then the marriage has to be solemnized before the consulate of her country in India and vice-verse.
3. The Foreigner's Marriage Act, 1969 will be attracted in your case if you intend to get married in India.
4. The cessation of her previous citizen ship is another issue.
5. After the marriage in India if she so desires she can process such change of citizenship by filing Form 3 to Ministry of external Affairs) to get her Indian citizenship.
6. In the meantime after the marriage and before she get Indian citizenship she will retain her original citizenship.
7. She can go back to her country after getting married to you in India without any change in citizenship and perhaps you may be interested to become citizen of her country and then apply for yourself for citizenship of her country and live with her in her country. That is your option.
9. If need more discussion and legal guidance you can get my contact details by clicking my name shown in the L.H.S. margin of this reply format.
ajay sethi
(Expert) 02 October 2014
agree with Mr rohit sharma
T. Kalaiselvan, Advocate
(Expert) 06 October 2014
First a notice u/s 5 of Foreign Marriage act to be given, then all other formalities as per the provisions of law envisaged in the said act are to be complied with after which the proposed marriage will be solemnized and a marriage certificate to this effect can be obtained. The citizenship is a different subject.
P. Venu
(Expert) 06 October 2014
With due apologies to the other learned experts, I may be permitted to point out that the Foreign Marriage Act, 1969 is an "An Act to make provision relating to marriages of citizens of India outside India."
In spite of my best efforts, I could not come across the Foreigners Marriage Act, 1969
