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Deb34532ed (Self employed )     08 May 2016

Procedure of marrying a foreign national

hello. My fianceé is a foreign national. As far as I understand, we have to marry under Special Marriage Act. I need few things to be cleared by experts in this matter...

1. Can I send marriage application form to her home by post and can she fill it up there and send back to me and then I submit this application? Since it will take 30 days from the date of submission of application, I want her to come to India just before marriage date.

 

2. Does she need to provide any certificate issued by authorities in her country to prove that she is not married during the submission of form or during the marriage before the Marriage Registrar ?

 

thank you.

 

 



Learning

 2 Replies

Vijay Raj Mahajan (Advocate)     08 May 2016

The marriage officer to who notice for marriage is given usually want both parties to be present when this is given. However if the particular marriage officer permits the duly signed notice by both be given by one party only than you can do so. The foreign need to provide proof of her unmarried or single or divorc�e marital status for that any document from her country and a NOC from her local embassy in India for marrying in India will be required. Along with proof of age and address of both parties and three witnesses for marriage and its registration.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     08 May 2016

 In case a marriage between an Indian and a foreign national is to be registered in india , generally its required to file a notice of intended marriage with a Marriage Registrar in your location area . 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.

 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.

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