Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Arpit (Consultant)     20 October 2016

Marriage between indian and turkish in india

Respected Sir/Madam,

 

I am an Indian belonging to a Hindu family. I am based out of Bangalore. I intent to marry a Turkish Muslim girl in India. The girl is currently based in Turkey

 

I have been trying to seek answers to my queries but have got different answers from 2 different registrar offices. 

Looking forward for help through this forum since I am quite confused with the actual procedures.

 

Queries:

1. For marriage under special marriage act, do both Boy and Girl have to be present at the time of filing the application for marriage. Can it be done first by me and then I can send the application  to Turkey, get signature from the girl, and then submit it in the registrar's office.

 

2. Post filing, is it mandatory for the girl and boy to stay at the same place where application is filed for at least 30 days

 

3. One registrar office suggests to get married under Hindu marriage Act and get the girl converted. Does conversion to Hinduism deprive her of her country's/family's inheritance or association.

 

4. What is the procedure to get married under Hindu marriage Act. What proof one has to submit in the court to register the marriage. 

 

5. What are the other points to consider while choosing the marriage act, from a long term perspective. 

Please help.

Thank you

Arpit



Learning

 4 Replies


(Guest)
Can't type. Too long reply. Take my number. Ring up.

kavksatyanarayana (subregistrar/supdt.(retired))     20 October 2016

You approach the District Registrar of your district for marriage under Foreign Marriage Registration Act in India. He will guide you.

Ms.Usha Kapoor (CEO)     21 October 2016

According to some information I just read online  a muslim girl marrying a non muslim is prophibited ounless he  converts to Islam. If the girl convets to Hinduism she has to forget about her  turkish  inhritance and other rights. If you marry under SMA you take two witnesses and the girl must take two witnesses who are her relatives or acquantences to clebrate  the marriage accordign to Hindu law if you want. Amidist vedic chants  you take  seven rounds around  sacred fire clalled  saath phere and tie Mangal sutra around her neck  as per Hindu tradiiton . After your register marige  the registrar would issue a registered certificate of marriage  which cannot be assailed  by  anyone as  it is a  binding Marriage  certificate on both of you. Accordign to Majority of Legal fraternity' opinion  the parties need   not  convert  to the  other's religion under special Marriage act and they can retain their respective faiths. Divorce also can be easily taken  as per the grounds provided under  special Marriage Act some what similar to  the grounds of divorce provided for divorce by either spouse to other as per HMA.If youu appreciae this answer plese click the thank you button on this forum.

I'm giving the gist  of procedure of SMA. Yes it  is mandatory for both the girl and the boy should live  at  the same place which is within the Jurisdiction of the Marriage Registration  officer for 30 days befre register Marriage.Now see the gist.

Do you know Marriage Registration Procedure and Importance?

Last updated: August 16, 2016 | by

Marriage certificate is legal and a valid document as it establishes the marital status of a couple. This document is very much useful especially sudden demise of a husband or wife and when you need to prove about your marriage. Hence, Supreme Court made it mandatory for a couple to register irrespective of the religion they belong to.
 

Note-We have deactivated commenting option for this blog post. However, if you have any doubts related to this article, you can raise this in BasuNivesh Forum.

Why you need to register marriage?

  • It is a valuable evidence of marriage under the law of the land.
  • It provides social security and confidence among women.
  • It is helpful in getting Passport/Visa.
  • It will be helpful in claiming Bank Deposits, Life Insurance or any other investments or property when the depositee, life insured person or investor dies without opting nomination.

So you noticed that it is very much important for married couple to register it immediately after marriage. Currently Hindu’s  (Hindu, Buddhist, Brahma, Parthana and Arya samaj) can register marriage certificate under the law of Hindu Marriage Act, 1955. Parsi’s (Parsies and Zoroastrians) can register under the act of Parsi Marriage and Divorce Act, 1936. Rest can register their marriages under the act of Special Marriage Act, 1954.

Where you need to register marriage?

  • Marriages under Hindu Marriage Act can be registered in the office of the Registrar of Marriage within the jurisdiction under which the marriage taken place or in the office of Marriage Officer in whose jurisdiction the bride or bridegroom resides.
  • Marriage under Special Marriage Act can be registered in the office of the Marriage Officer under whose jurisdiction bride or bridegroom resides.
  • Marriage under Parsi Marriage Act can be registered in the Office of the District Registrar under whose jurisdiction the marriage takes place.

Sub Registrar Officer who register documents related property or immovable property transaction is usually called Marriage Officer. So you need to register your marriage by visiting the Marriage Officer office which usually situated in Taluk Head Quarters/District Head Quarters/or in few places of Hobli Head Quarters. Age of the Bridegroom must have completed 21 years and bride 18 years completed.

What is the procedure for registering?

Marriage Registration Procedure

  • Under Hindu Marriage Act

1) Download the form by clicking HERE (if you belong to Karnataka, otherwise your respective state registrar website)

2) Fill the details like name and address of bride and bridegroom.

3) Take 3 witness signature who present at the time of marriage along with their name and address.

4) Paste the Joint Photo of bride and bridegroom in the space provided on application form and sign across it.

5) Present such filled form to Marriage Officer.

6) If he satisfy submitted application then he will issue the certificate of marriage.

  • Under Special Marriage Act, 1954

1) Bridegroom and bride should give notice of intending of marriage 30 days in advance.  They must lived more than 30 days within the jurisdiction of marriage officer before giving such notice.

2) If no objections were received with the prescribed 30 days then they can appear before marriage officer within the next 60 days after 30 days notice period completion. They must bring in 3 witnesses for solemnization of marriage. After this marriage officer according to rule will solemnize the marriage.  Within 90 days from this marriage officer’s solemnize if couple not get married then again they need to start a fresh procedure as said above.

3) Marriage officer will administer oath and solemnize the marriage by issuing the certificate of marriage.

 

Ms.Usha Kapoor (CEO)     21 October 2016

According to some information I just read online  a muslim girl marrying a non muslim is prophibited ounless he  converts to Islam. If the girl convets to Hinduism she has to forget about her  turkish  inhritance and other rights. If you marry under SMA you take two witnesses and the girl must take two witnesses who are her relatives or acquantences to clebrate  the marriage accordign to Hindu law if you want. Amidist vedic chants  you take  seven rounds around  sacred fire clalled  saath phere and tie Mangal sutra around her neck  as per Hindu tradiiton . After your register marige  the registrar would issue a registered certificate of marriage  which cannot be assailed  by  anyone as  it is a  binding Marriage  certificate on both of you. Accordign to Majority of Legal fraternity' opinion  the parties need   not  convert  to the  other's religion under special Marriage act and they can retain their respective faiths. Divorce also can be easily taken  as per the grounds provided under  special Marriage Act some what similar to  the grounds of divorce provided for divorce by either spouse to other as per HMA.If youu appreciae this answer plese click the thank you button on this forum.

I'm giving the gist  of procedure of SMA. Yes it  is mandatory for both the girl and the boy should live  at  the same place which is within the Jurisdiction of the Marriage Registration  officer for 30 days befre register Marriage.Now see the gist.

Do you know Marriage Registration Procedure and Importance?

Last updated: August 16, 2016 | by

Marriage certificate is legal and a valid document as it establishes the marital status of a couple. This document is very much useful especially sudden demise of a husband or wife and when you need to prove about your marriage. Hence, Supreme Court made it mandatory for a couple to register irrespective of the religion they belong to.
 

Note-We have deactivated commenting option for this blog post. However, if you have any doubts related to this article, you can raise this in BasuNivesh Forum.

Why you need to register marriage?

  • It is a valuable evidence of marriage under the law of the land.
  • It provides social security and confidence among women.
  • It is helpful in getting Passport/Visa.
  • It will be helpful in claiming Bank Deposits, Life Insurance or any other investments or property when the depositee, life insured person or investor dies without opting nomination.

So you noticed that it is very much important for married couple to register it immediately after marriage. Currently Hindu’s  (Hindu, Buddhist, Brahma, Parthana and Arya samaj) can register marriage certificate under the law of Hindu Marriage Act, 1955. Parsi’s (Parsies and Zoroastrians) can register under the act of Parsi Marriage and Divorce Act, 1936. Rest can register their marriages under the act of Special Marriage Act, 1954.

Where you need to register marriage?

  • Marriages under Hindu Marriage Act can be registered in the office of the Registrar of Marriage within the jurisdiction under which the marriage taken place or in the office of Marriage Officer in whose jurisdiction the bride or bridegroom resides.
  • Marriage under Special Marriage Act can be registered in the office of the Marriage Officer under whose jurisdiction bride or bridegroom resides.
  • Marriage under Parsi Marriage Act can be registered in the Office of the District Registrar under whose jurisdiction the marriage takes place.

Sub Registrar Officer who register documents related property or immovable property transaction is usually called Marriage Officer. So you need to register your marriage by visiting the Marriage Officer office which usually situated in Taluk Head Quarters/District Head Quarters/or in few places of Hobli Head Quarters. Age of the Bridegroom must have completed 21 years and bride 18 years completed.

What is the procedure for registering?

Marriage Registration Procedure

  • Under Hindu Marriage Act

1) Download the form by clicking HERE (if you belong to Karnataka, otherwise your respective state registrar website)

2) Fill the details like name and address of bride and bridegroom.

3) Take 3 witness signature who present at the time of marriage along with their name and address.

4) Paste the Joint Photo of bride and bridegroom in the space provided on application form and sign across it.

5) Present such filled form to Marriage Officer.

6) If he satisfy submitted application then he will issue the certificate of marriage.

  • Under Special Marriage Act, 1954

1) Bridegroom and bride should give notice of intending of marriage 30 days in advance.  They must lived more than 30 days within the jurisdiction of marriage officer before giving such notice.

2) If no objections were received with the prescribed 30 days then they can appear before marriage officer within the next 60 days after 30 days notice period completion. They must bring in 3 witnesses for solemnization of marriage. After this marriage officer according to rule will solemnize the marriage.  Within 90 days from this marriage officer’s solemnize if couple not get married then again they need to start a fresh procedure as said above.

3) Marriage officer will administer oath and solemnize the marriage by issuing the certificate of marriage.

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register