Marriage registration

CA VISHNU GAVKARE (Querist) 23 May 2012 This query is : Resolved
my friend is an Indian citizen residing in London is getting married to citizen of Canada. he wants to do court marriage in India. will there be any difficulty in it? is there any special procedure for that? what all documents needs to be given for girl?
Please give your expert advice as soon as possible.

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A V Vishal (Expert) 24 May 2012
In case a marriage between an Indian and a foreign national is to take place in India, generally its required to file a notice of intended marriage with a Marriage Registrar. That notice is required to be published for the stipulated 30 days. At the end of the 30 days the Marriage Registrar is free to perform the marriage.

The notice of intended marriage can only be given in India, if at least one partner is permanently and the other partner temporarily resident in India.

If one partner is residing in a foreign country then the partner who is resident in India will have to fill out the “Marriage Notice” collected from the Marriage Registration Office and send it to his/her partner in the foreign country who will also have to fill it out. This “Notice” should then be sent back to the partner in India who will have to re-submit it at the Marriage Registration Office. After the stipulated waiting period of 30 days the marriage can take place in India. Under the Special Marriage Act, 1954 a certificate showing the signatures of the persons married, the registrar and the witnesses will be issued. This Certificate is required as proof of the marriage and when applying for a visa to for a foreign country.

The following documents are required for both the partners:

a valid Passport
original Birth Certificate showing parents' names
if the person concerned is widowed, the original death certificate of the deceased spouse
If divorced, copy of the final decree
documentary evidence regarding stay in India of the parties for more than 30 days (ration card or report from the concerned SHO)
A foreign citizen who wishes to participate in a civil marriage ceremony may be required to present to the marriage officer a “no objection letter” from their Embassy or Consulate, as well as proof of termination of any previous marriages.

SAINATH DEVALLA (Expert) 24 May 2012
Mr.Vishal has given a clear picture

CA VISHNU GAVKARE (Querist) 25 May 2012
Its great to have such experts here.
Thank you very much sir.

V R SHROFF (Expert) 25 May 2012
Very good details given by Vishal.

CA VISHNU GAVKARE (Querist) 26 May 2012
Dear sir,
in the given details 1 person needs to be a permanent resident. but my friend is Indian citizen but not resident as he is residing in London from past 3 years. Further the girl is residing in Canada so she is not Indian citizen nor Indian resident.
please clarify this matter.

A V Vishal (Expert) 27 May 2012
Your friend has not foregone his citizenship status due to residence for 3 yrs aboard, he is still considered a Indian citizen and a permanent resident of the place where he normally resides in India.