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ramji (self)     25 October 2009

indian hindu marriage to european catholic

hindu indian girl in london wants to marry catholic italian in Mumbai and Italy.Procdure for legal wedding and precautions to be taken for any differnce in future.



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 3 Replies

A V Vishal (Advocate)     26 October 2009

Refer Foreigners Marriage act for complete details

A V Vishal (Advocate)     26 October 2009

 Conditions relating to solemnization of foreign countries.- A marriage between the parties one of whom at least is a citizen of India may be solemnized under this Act by or before a Marriage Officer in a Foreign country, if, at the time of the marriage, the following conditions are fulfilled, namely :-

(a) neither party has a spouse living,

(b) neither party is an idiot or a lunatic, 

(c) the bridegroom has completed the age of twenty-one years and be bride the age of eighteen years at the time of the marriage, and

(d) the parties are not within the degree of prohibited of relationship :

Provided that where the personal law or a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship.

Notice of intended marriage.- When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the First Schedule to the Marriage Officer of the district in which at lease one of the parties to the marriage has resided for a period of not less then thirty days immediately proceeding the date on which such notice is given, and the notice shall state that the party has so resided.

Publication of notice.- Where a notice under section 5 is given to the Marriage Officer, he shall cause it to be published - 

(a) in his own office, by affixing a copy thereof to a conspicuous place, and

(b) in India and in the country or countries in which the parties are ordinarily resident, in the prescribed manner.

 Solemnization of marriage where no objection made.- If no objection is made within the period specified section 8 to an intended marriage, then, on the expiry of that period, the marriage may be solemnized.

 Marriage not to be in contravention of local laws.- (1) The Marriage Officer may, for reasons to be recorded in writing, refuse to solemnize a marriage under this Act if the intended marriage is prohibited by any law in force in the foreign country where it is to be solemnized.

(2) The Marriage Officer may, for reasons to be recorded in writing, refuse to solemnize a marriage under this Act on the ground that in his opinion, the solemnization of the marriage would be inconsistent with international law or the country of nations.

(3) Where a Marriage Officers refuses to solemnize a marriage under this section, any party to the intended marriage may appeal to the Central a Government in the prescribed manner within a period of thirty days from the date of such refusal ; and the Marriage Officer shall act in conformity with the decision of the Central Government on such appeal.

 Declaration by parties and witnesses.- Before the marriage is solemnized, the parties and three witnesses shall, in the presence of the Marriage Officer, sign a declaration in the form specified in the Second Schedule, and the declaration shall be countersigned by the Marriage Officer.

 Place and form of solemnization.- (1) A marriage by or before a Marriage Officer undertakings shall be solemnized at the official house of the Marriage Officers and open doors between the prescribed hours in the presence of three witnesses.

(2) The marriage may be solemnized in any form which parities may choose to adopt ;

Provided that it shall not to be complete and binding on the parties unless each party declares to the other in the presence of the Marriage Officer and, the three witnesses and in any language understood by the parties,  - "I, (A), take the (B) , to be my lawful wife (or husband)":

Provided further that where the declaration referred to in the proceeding proviso is made in any language which is not understand by the Marriage Officer or by any of the witnesses, either of the parities shall interest or cause to be interpreted the declaration in a language which the Marriage Officer or, as the case may be, such witness understands.

 Certificate of marriage.- (1) Whenever a marriage is solemnized under this Act, the Marriage Officer shall enter a certificate thereof in the form specified in the Third Schedule in a book to be kept by him for that purpose and to be called the Marriage Certificate Book, and such certificate shall be signed by the parties to the Marriages and the three witnesses.

(2) On a certificate being entered in the Marriage Certificate Book by the Marriage Officer, the certificate shall be deemed to the conclusive evidence of the fact that a marriage under this Act has been solemnized, and that all formalities respecting the residence of the party concurred previous to the marriage and the signature of witnesses have been complied with.

  Validity of foreign marriages of India.- Subject to the other provisions contained in this Act, a marriage solemnized in the manner provided in this Act shall be good and valid in law.

 

Daksh (Student)     24 December 2009

Dear Mr.A.V.Vishal,

Thanks for such an informative post.

Regards

Daksh


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