sneha 29 March 2016

Court marriage in india if both parties are nri

Hi, I have a question regarding court marriage procedure in Mumbai if both the parties are residing in different countries. My fiance residing in the US and i reside in Dubai. His family visits US often but basically residing in Mumbai. i live in Dubai with my Family. However, we plan a court marriage in Mumbai in the coming few weeks and social marriage later this year. but we will be in the Mumbai only for 3 weeks. Please can anyone suggest the procedure to file the application and get the marriage certificate in short time. Thanks for the help.

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3 Replies

Vijay Raj Mahajan (Advocate) 29 March 2016

For civil marriage/court marriage in India under the Special Marriage Act,1954 what is the basic requirement that one of the party should be living in the district in the State in India for more than one month on the day of giving one month notice to the Marriage Officer for the solemnization of the marriage.

So in case you want to go for this form of marriage in India at least one of you should have to show the local address of the district where you want to marry and get the marriage registered after one month of notice period of marriage that you both will give to the Marriage Officer of that district.

If your fiancée has proof of address of Mumbai, namely his passport, voter's card, Addhar card etc, than you both can give the one month notice to Marriage Officer of the district in Mumbai, after one month, you both get married in presence of 3 witnesses and the marriage is registered , the marriage certificate issued by the Marriage Officer.

sneha 29 March 2016

Thanks Mr. Vijay. So just to clarify, his family basically resides in mumbai. So we do have a local address proof. Does he need to be in the country for 30 days as well ? Also, can our families apply for the court marriage date if we are not present in the country.

Samir N (General Queries) (Business) 29 March 2016

Just to add to what has already been advised to you... the one month is the requirement. Practically, with the way things work in India, it takes more than that. I know because one of my friends got married to a foreigner in India and it took a lot longer than 1 month. In any event, I can confirm that one month is the MINIMUM.