Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

anonymous person (Analyst)     08 July 2012

Court marriage in mumbai-foreigner with indian

I am a citizen of Portugal (also have OCI). My fiance is Indian. Due to family reasons, we cannot register our marriage in the place of residence. Fiance is from Shillong and I do not have a permanent address in India.

We are planning to marry in Mumbai under the Special Marriage act or the Bombay Marriage act.

However, neither bride or groom can show proof of residence in Mumbai.

How can we register the marriage in Mumbai?

Thank you.



Learning

 10 Replies

adv. rajeev ( rajoo ) (practicing advocate)     08 July 2012

You can register the marriage in shillong.

adv. rajeev ( rajoo ) (practicing advocate)     08 July 2012

You can register the marriage in shillong.


(Guest)

Before which authority you doing marriage, said authority will issue marriage certificate.

If any other mode who does'nt issue marriage certificate than you have to need residence address for registration of marriage is must. so you have to register the marriage in shillong.

OR

Why don't you do marriage in shillong. Its best for both of you.

Tajobsindia (Senior Partner )     08 July 2012

@ Anonymous,

 

I disagree to opinions of both above repliers.
Reasoning:
Had you both wanted 'families' to know of the intended marriage, Shillong would have been the place but it is not so and that is why you are here asking us for solution.

 

Solution:

1. Permanent address in India not having is not end of all hopes to get married. Special Marriage Act also says about couples permanent address but it is not binding.  Had it been so, so many foreigners and/or OCI and or PIO card holders would not be getting married under Special Marriage Act in India by staying for minimum 30 days in India for the very purpose and get married and go happy about it later.

 

2. Both or either of you might be having some Residence Rent Deed of living in Mumbai from last 30 days?

 

3. Suggested to personally approach The Marriage Officer in the district, Mumbai where both of you presently reside on temporary basis and have a Rent deed and express the situation that both and or either of you are living at such and such residence address from last 30 days and here is rent deed of tenancy flat and wish to get married

 

4. In such case the Marriage Officer can seek Local Police verification report about the residence of one or both parties in his district, this process is being followed in various districts in other parts of India for couples who are more or less in your kind of situation yet want to marry under The Special Marriage Act.

 

5. You can also tell softly to The Marriage Registrar that its not crime living in rented premises if you want to marry under The Act and for verification about the actual living in the given address as mentioned in Rent Deed, he can always write official letter to Station House Officer of the local Police Station of the locality seeking "verification report" of your living there for more than one month on the date of your filling the notice for marriage (Statutory period as given in the SMA,1954 which is 30 days).

 

 

Hope above solution helps you both in getting married in Mumbai (one of its districts) under The Special Marriage Act!

 

[Seems to us case of intending couple from BPO (call center) industry]

1 Like

anonymous person (Analyst)     08 July 2012

Thank you all for your responses. Unfortunately mariage in Shillong is not an option at this time due to family issues. We are seeking to register marriage at a neutral location.

anonymous person (Analyst)     08 July 2012

Thank you all for your responses. Unfortunately mariage in Shillong is not an option at this time due to family issues. We are seeking to register marriage at a neutral location.

anonymous person (Analyst)     08 July 2012

tajobsindia, thank you for your valuable feedback.

I (a foreigner) will be able to get some sort of residence proof for the minimum period of stay in Mumbai (say 1 month) but my fiance (Indian) will not be able to do this. Fiance will not be able to stay in Mumbai to prove the residency, she can only be present for the actual registration.

Question:

1. Is it acceptable for only one party (myself, foreigner) to have temporary proof of residence (rent deed or police report) while the other party (fiance, Indian) does not?

2. Can we marry under SMA, 1954 if only the foreigner has temporary residence proof but the Indian does not have the temporary residence in that state?

Thanks again.

N.K.Assumi (Advocate)     09 July 2012

As highlighted by tajobsindia, it is the Jurisdiction of the Court within whose Jurisdiction Notice of intended marriage is to be given where one of the parties resided atleast for thirty days. In your case, if you have stayed in Bombay for thirty days she can come over to Bombay for court marriage or you go to Shillong and have your court marriage under SMA 1954.Shillong is a lovely place, why dont you go there and marry her and also enjoy your honey moon there? All the best.

anonymous person (Analyst)     09 July 2012

N.K.Assumi, thank you for the response.

We cannot do the court marriage in Shillong due to her (fiance) family issues.

Therefore, I would like to know whether my temporary residence proof in Mumbai will be acceptable for SMA 1954 even though I am not an Indian citizen?

If it is acceptable, then as you mentioned, my fiance will come to Mumbai and we will do the court marriage there.

Thanks.

N.K.Assumi (Advocate)     09 July 2012

Dear Forum hunting gentelman, in matrimonial matters the word ":Resided" has different connotations like in the case of divorce, maintaineance etc. What SMA 1954 spell out is "has resided for a period not less than thirty days" thus I am of the view that for civil marriage permanent abode or intention to reside does not arise, otherwise no foreigner can marry an Indian and SMA itself will have no meaning of its existence. If she come over to Bombay that will be great for you. All the best.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register