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Preksha Goyal   20 May 2021

Hindu boy marry muslim girl

Respected Sir/mam,

I have a friend who works in Turkey. He is Hindu by religion. He fell in love with a Muslim girl who is a Turkish local. Can they both get married in India as their religions are different? Will their marriage be official? What are the documents needed for the marriage?

 



Learning

 6 Replies

Arpita Chauhan   20 May 2021

Respected Ma'am,

To answer your first question, Yes, they both can get married in India irrespective of the fact that their religion are different. 

There marriage will be solemnized under the Special Marriage Act of 1954.

and yes there marriage will be official and valid.

Regarding your third question about the documents that are required for marriage are:-

  1. Birth certificates of both the parties (for age proof) as in India the valid age for marriage for a boy is 21 years old and for a girl is 18 years old.
  2. A valid visa of more than thirty days for the foreigner.
  3. An affidavit signed by both parties declaring their single status. 
  4. An address proof and passport size photographs of both of the parties.
  5. Adequate documentary evidence showing thirty-day of residence in India.
  6. A ‘no-objection’ letter:-  a citizen of any other foreign country is required to bring a no objection letter from the Embassy or Consulate of his/her country. The parties also have to wait at least 30 days from the date of initial application to formalize the marriage so that the marriage officer can publish a notice, which might even include a newspaper publication for giving an opportunity for any objections to the marriage to be voiced.

I hope I was able to help, however this answer of mine is purely from the internet research so I would suggest you to consult a lawyer and clarify everything.

Regards

Arpita Chauhan

Law Student

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     20 May 2021

Yes. Your marriage shall be registered under Court Marriage in India.  Individuals from any religion can opt for a court marriage. The law is clear about it. You can belong to the same religion or two different religions. It does not affect the process of court marriage. The law says that any two persons can get married under this act. The condition is they should fulfill the eligibility criteria. This means that it is not compulsory to be an Indian citizen for getting married under this Act.

Both the bride and the groom must fulfill the following conditions.

  • They should not have a living husband/wife at the time of marriage.
  • They should not be incapable of giving consent due to unsound mind.
  • Even if they can give consent, they should not have a mental disorder that makes them unfit for marriage or having children.
  • They must not suffer from insanity or epilepsy.
  • The bride should be at least 18 years old and the groom at least 21.
  • Both parties must not be within a prohibited relationship with each other.

Sankaranarayanan (Advocate)     21 May 2021

yes i do stand with experts reply .

Dr J C Vashista (Advocate)     21 May 2021

If both of them want to continue with their faith and do not want to convert to either of the above for common faith, I agree with experts, they may get married under the provisions of Special Marriage Act, 1954.

sneha jaiswal   21 May 2021

Hello, Greetings of the day!
For the query you posted, I would suggest that:
Yes, they both can marry each other in India irrespective of their different religion and their different nation. The marriage will be done according to the Special Marriage Act of 1954 and It will be considered as a valid marriage.
The documents which are required for marriage are mentioned below: - 
•    Birth Certificate 
•    An authentic Visa of not less than 30days
•    An affidavit signed by both the partners regarding their single status
•    No objection certificate by the embassy
•    Adequate as well as authentic documentary evidence of thirty days residence in India
•    Valid address proof of both the parties 
•    Waiting period of at least thirty days from the date of application so that the concerned marriage registrar can verify and publish a notice to avoid objection in the future. Here, the publishing of notice may include newspaper publication.
Hope it helps
Regards,
Sneha Jaiswal
 

T. Kalaiselvan, Advocate (Advocate)     21 May 2021

If an Indian is desirous of marrying a foreigner then the marriage can be solemnised in India under Foreign marriage act or special marriage act. 

The experts above have given detailed information about the procedures to be followed and the documents that are to be produced for this purpose, which I endorse. 


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