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Alex Voll Alba (Vfx Artist)     02 August 2012

Foreigner getting married to indian

Hello ,
             I am an Indian girl residing in India,Bangalore at the moment. My fiance is a German Citizen (non-Indian). We want to get married in India Under "Special Marriage Act-1954". I did my all possible research online and still confused. My fiance is coming down to India this September-12 last week and planning to stay for another 20 days approx. For him it's not possible to get the leaves from the job for more than 20 days. Since we want to get married in Civil way in the court, we have to apply and fill some application form right? So people have been telling me that to fill up this form and for the signature my fiance has to be here with me and this process have to be done infront of the registrar or so, and that's just not possible. So i was wondering if there is a chance if only i could get this application form fill it up with my signature on it and send it over to Germany so my fiance can do the same and send it over back to me with all the required documents and i know it's gonna take like 30 days minimum for this application to get approval so later the marriage registrar is free to perform his task within the next 3 months and in my case in Sep./Oct. 
So i was hoping that someone can help me out here. I am literally in pain :( because most of the lawyers i have talked to, doesn't seem to have enough knowledge on this topic.[Weird i know] Also i would like to know the entire procedure and all the required documents for him as well as for me to get married here, and the steps should be taken once after we get the Marriage Certificate since i am 
planning to settle down in Germany later.:)

Thank you so much.. and waiting for some real positive response...!!



Learning

 13 Replies

Tajobsindia (Senior Partner )     02 August 2012

1. The info. provided by Registrar of Marriages as well as various Advocates you already consulted is correct. They are not confused breed professionals.

2. 30 days cannot be avoided. Continuous stay of 30 days
within the jurisdiction of marriage officer before giving the notice is also a must.

 

Alex Voll Alba (Vfx Artist)     02 August 2012

Well in this case..you might wanna check out this...(one of the sites i have come across)
https://www.madaan.com/marriage.html
 and wanna lemme know if it's all Hogwash...

Tajobsindia (Senior Partner )     02 August 2012

1. he he
2. How about seeing the Official Website of State of Karnataka (I suppose
Bangalore is its Capital) and your (Indian) fiancé is from Bangalore J  

Link:-

https://www.karunadu.gov.in/karigr/faq/registrationofmarriage.htm#11

Alex Voll Alba (Vfx Artist)     02 August 2012

1. :/
2. Been here before.
3. Does not mention any single word for a foreigner or non-citizen or other synonyms.
4. Still ain't helpful....!!!

Tajobsindia (Senior Partner )     02 August 2012

 

 

Originally posted by : Alex Voll Alba

 


XXX
3. Does not mention any single word for a foreigner or non-citizen or other synonyms.
4. Still ain't helpful....!!!

 

1. he he
2. Atleast you will now believe your own German Embassy in
Bangalore info. which opened just 2 months back at

Link:-

https://www.india.diplo.de/Vertretung/indien/en/06__Consu__Visa/Consular__Services__India/Marriages__in__India.html

If above link is still not helpful then God bless both of you J

(BTW, this is my last reply to your thread post)

Pradeep Kumar (Lawyer)     02 August 2012

 

Lawyers have been targeted as scapegoats, if litigants fail to understand the process. Nevertheless, the process is very simple, you have to appear twice along with 3 witnesses, at the office of the registrar. It could be DC or any marriage officer appointed by him in the district of the State.

As per the section 5 of the special marriage act, 1954, at least one of the parties to the marriage must have been residing within the jurisdiction of the marriage officer’s district, for period of not less than 30 days, preceding the date of the notice. When none of the parties resided within the territorial jurisdiction of the marriage officer who gave the certificate of marriage, the marriage between the parties was void as decided in landmark judgement of Sadhan Kumar Roy case. Therefore, One of the party is required to be residing in the jurisdiction of the marriage officer, where the notice of intended marriage would be given.

Since, you have been living in Bangalore and your fiance is in Germany. Having regard to the paucity of time, even at the time of very auspicious occasion, both of you have to appear only twice. Therefore, he doesn't have to take 20 days off. Decide a suitable date and approach with three witnesses to give the notice of intended marriage. Thereafter, marriage officer will give you 30 days time period to seek any objection on the marriage. After the completion of 30 days, and if there was no objection to the marriage, and if the marriage was solemnized between both parties, the parties again have to reappear, along with witnesses to give a declaration that marriage has been solemnized.

Thereafter, you would be legally married and your marriage will be registered under the provision of section 13 of special marriage act, 1954 and you would be provided with certificate of marriage. Wish you a very happy married life.

1 Like

Alex Voll Alba (Vfx Artist)     02 August 2012

Oh thank you.. Thank you so much Mr. Pradeep Kumar. You literally saved my day.. Now that was the answer i was looking for... (:

SurenderKumar (Advocate)     02 August 2012

first verify can one non indian register their marriage under provision of S.M.Act with an indian girl , ther provisionmight be little different check first

Alex Voll Alba (Vfx Artist)     02 August 2012

I am Indian sir..

SurenderKumar (Advocate)     03 August 2012

Dear questioner ofcourse you are indian but provision under section 4 (e) of Special Marriage Act 1954 say that both parties are citizen of India domiciled  in the territories to which this act extends.

Sujit Jain (-)     01 March 2014

Hey Alex,

 

I am exactly in the same situation so can you please let me know what all things you did and what is the procedure cuz I am finding it difficult as well to get any information.

Please it will be a big help if you could get in touch with me at sj30888@gmail.com

 

Thanks 

Sujit

Sujit Jain (-)     01 March 2014

hey Alex Voll alba,

 

Can you guide me step by step what and how to do it cuz I am finding it really hard to get any information and i am planning to get married to my gem an gf in September.

Please reply me on sj30888 @ gmail.com

Please 

 

Thanks

Sujit

Aniket naidu (Junior executive)     05 August 2014

Hi,

        My name is Aniket, I am staying in INDORE currently. And my concern is that my fiance belongs to Bolivia country, and we want to get married and I am a Indian citizen. I just want that after getting married we will be settled in India. I just want to know that is it true? that if she come to India and we get married here in India then will she lost her citizenship of Bolivia? Please help me.

thanks

Regards

Aniket


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