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M (Dr.)     08 January 2014

Indian non-indian marriage

I am a Hindu girl and will be marrying a non-Indian Christian Dutch (Netherlands) national. Are there any special requirements to get this marriage registered to bring the marriage under the Hindu marriage act? Neither of us will change the religion after marriage. We will be marrying by performing all the Hindu rituals, but is it possible to have a court marriage before the ceremony to save time? What documents will he need to provide to get married in India? Any recommendation to make the process go smoothly?

Thanks



Learning

 4 Replies

Dr J C Vashista (Advocate)     08 January 2014

File an application for intending marriage before Registrar of Marriages under Special Marriage Act.

Sundar (Doctor)     08 January 2014

Dear M,

                Hope this finds you well.  I am surprised to say that the above answer, does not answer much. I have tried my best to answer you :---

 

 In case a marriage between an Indian and a foreign national is to take place in India, generally its required to file a notice of intended marriage with a Marriage Registrar of your choice in India. That notice is required to be published for the stipulated 30 days. At the end of the 30 days the Marriage Registrar is free to perform the marriage.


The notice of intended marriage can only be given in India, if at least one partner is permanently and the other partner temporarily resident in India.

If one partner is residing in a foreign country then the partner who is resident in India will have to fill out the “Marriage Notice” collected from the Marriage Registration Office of his/her choice in India and send it to his/her partner in the foreign country who will also have to fill it out. This “Notice” should then be sent back to the partner in India who will have to re-submit it at the Marriage Registration Office. After the stipulated waiting period of 30 days the marriage can take place in India. Under the Special Marriage Act, 1954 a certificate showing the signatures of the persons married, the registrar and the witnesses will be issued. This Certificate is required as proof of the marriage and when applying for a visa to for a foreign country.

The following documents are required for both the partners:

a valid Passport
 
original Birth Certificate showing parents' names
 
if the person concerned is widowed, the original death certificate of the deceased spouse
 
If divorced, copy of the final decree
 
documentary evidence regarding stay in India of the parties for more than 30 days (ration card or report from the concerned SHO)
 
The Foreign national, who wishes to participate in a civil marriage ceremony may be required to present to the marriage officer a “no objection letter” from His / her. Embassy or Consulate, as well as proof of termination of any previous marriages. 

In a nutshell, under the Special Marriage Act, the parties generally are required to wait at least 30 days from the date of initial application to formalize the marriage so that the marriage officer can publish a newspaper ad allowing for the opportunity for any objections to the marriage to be voiced..

Also One more point, which i saw in your question was regarding "Hindu Marriage Act "     I read somewhere that :-The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs. So since he is a Foreign National, It will fall under the Special Marriage Act.

Also Please Note that I am NOT a lawyer  by profession.   Kindly pardon me , incase i am mistaken ...

Regards

Advocate Ravinder (Advocate/Attorney)     09 January 2014

To my knowledge the marriage has to be conducted under Foreign marriage Act.

T. Kalaiselvan, Advocate (Advocate)     12 January 2014

I think Sundar has giveen an elaborate detail of the procedure to be followed in this issue.  But the query relates to special provisions to bring the marriage under Hindu Marriage Act, nswer is that it cannot be brought because both should belong to Hindu community. Also there is no short cut to procedures.


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