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NRI Enquirer (Specialist)     22 April 2015

Nri marriage under special marriage act

Hello, 

We are  a Hindu & Christian couple looking to register our marriage under the Special Marriage act in Kerala. Both of us are NRIs working overseas as such  we would like to know if its mandatory for us to be present in Kerala for 30 days if the marriage needs to be registered under this act.

Due to work commitments, we cannot stay for 30 days continuously, so is there any possible solution to this?

 



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 5 Replies

Adv. Chandrasekhar (Advocate)     22 April 2015

If you  both are working in the same country, visit Indian Embassy there and there one officer has been authorized by the Govt. of India as a Marriage Office for the purpose of registering the marriages under "Special Marriages Act".  You can get yourself registered following all the procedures laid down in the Act, which are similar like the marriges registered in India.

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NRI Enquirer (Specialist)     22 April 2015

We checked with the Indian embassy here and unfortunately they only do attestation of Marriage certificate (after getting the marriage registered under the Foreign/local country's law). I know the embassy should have the possibility to register marriages under the foreign marriage act but as you can guess the Embasssy officers are not at all helping.

Moreover, our parents wish to have the marriage registered in India in the registrar office. So  I would like to know if there is any possibility to get it registered in Kerala? Can we give in the application for the intent to marriage, fly out of the country and then fly back to India after 30 days the notice period is over to get the marriage registered? Is that possible?

Adv. Chandrasekhar (Advocate)     22 April 2015

The embassy people are unaware of their responsibilities and hence are misleading you.  Any how, any one of you have the local address proof of the place you want to register your marriage in Kerala, you both can file it and go back and come again after 30 days and your marriage will be, without any hitch, registered.

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NRI Enquirer (Specialist)     22 April 2015

Thank you so much sir for your kind reply.

If  the marriage registration is conducted overseas as per the rule of that country, can we later still conduct the registration in India as per Special marriage act ? Is there any issue for that?

Adv. Chandrasekhar (Advocate)     23 April 2015

Yes. that is possible under Special Marriage Act.

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