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Vicky (Comp Engg)     07 December 2014

Difference in hindu marriage act and special marriage act?

I am an Indian and I want to Marry a foreigner girl in India(Delhi). But the issue is she can't come here for long time so Is this possible that only one party submitted the application for special marriage ?? So when we can get the marriage date then she will come on that date.

For instant marriage, some lawyer are suggesting me to do marriage under Hindu marriage act so for that first she has to inconvert into hindu and after that we can get marriage certificate in one day.

Is either of them obligatory? 


If I do marriage under hindu marriage act then will I face any visa issue bcoz of that?


 4 Replies

Dr J C Vashista (Advocate)     09 December 2014

For the purpose of marriage two Hindus (opposite s*x) can get marry, if they are not prohibited. On the other hand any two persons can get married under the provisionsof Special Marriage Act.

Prefer SMA marriage, it would take 28 days to get your marrige registered, no need of conversion (adption of Hinduism).  Apply in her absence and call on the day of registration of marriage.

Did you not find any Indian girl?

T. Kalaiselvan, Advocate (Advocate)     11 December 2014

The following information may be of some use to you:

such marriages are solemnised and registered under the Special Marriage Act.

First your friend will have to stay in the place she intends to marry for a month before filing a notice for intention of marriage before the local Marriage Registrar. For this notice, she has to appear with her would-be groom to the Registrar together.

All documents of identification, residence, passport, visa papers and two passport size photos of both will have to be added when filing for a notice of intention to marry.

Within three months after that, the Registrar will call them to solemnise the marriage with three witnesses. Once this is done, the marriage is recognised to be legal and the marriage certificate will be issued within a few weeks.

She will have to show proof of residence in the locality that can be done through address on passport or an affidavit from the local police station. In addition, evidence of eligibility of marriage will have to be shown. Either a single status affidavit or a divorce decree for a divorcee is required to be furnished.


For further issues, you can contact the local registrar office in Delhi.

hema (law officer)     12 December 2014

We are in the need of law to arrest Raj 123 and the people like him for giving illegal advice on line and encouraging the people to do illegal acts.

T. Kalaiselvan, Advocate (Advocate)     12 December 2014

@Hema: You have an option to report Raj 123 's comments  as abuse and send a PM to LCI Admin to delete his membership account

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