NRI lady (hindu) & Iranian man (muslim) - Can they marry?


Both people in question are residents of the UAE and are objectively considering the implication of entering into a legal marriage and would appreciate your legal advise on the same.

Since this marriage (if it is feasible) will be an inter-religious, inter-racial one, there are several complications that can arise and are of concern to all involved.

Both people wish to retain their respective religions. Conversion is not an option. The lady is hindu and the man is muslim. Marriage in the UAE is only possible if the man is muslim and the woman is either christian or jew.

According to the law of the man's country of origin, the foreign wife automatically obtains iranian citizenship. The lady in question does not want the citizenship of his country and wishes to retain her indian nationality and passport. Therefore, marriage in his country of origin is ruled out. This also means that the marriage will not be registered there as conversion will be a requirement by law and the citizenship will be automatically enforced.

Would it make sense to get married in a common wealth country such as Australia (part of the Hague convention - wherby the apostle seal is accepted in India)? Will the embassy of the uae in australia attest the marriage certificate without the stamp from the iranian embassy in australia?

Will it be possible to marry in India? What is the legal procedure / documenation required to do this so that the marriage certificate will be accepted by the foreign ministry in the country of residence?

Both involved prefer that if there are children involved in the future, that they do not acquire iranian nationality given the current political situation. Is it possible to get Indian citizenship for the children considering that the lady is indian? Will the children have to be born in India to be entitled to this?

It is indeed difficult to accept that in the 21st century, the laws of nations and religion can prevent bring two people together for a lifetime or tear them apart. If there is a will, there is a way. Is there a way around this? At the moment the scenario seems very bleak and any light shed upon this subject will be appreciated and undoubtedly life-altering.

Thank you in anticipation.

 
Reply   
 

your matter not so difficult.

go under the special marriage act at india. i think indian embassy of uea, also has the power to arrenge marriage between them.

if the man already have living spouse then marriage not possible. donot travel the world, india is best for this matter. kids will get indian nationality automatically.


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Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com

Priya ji,

India is also a part of Heague convention.

Therefore its certificates are applicable in your country.

Further Your marraige is possible in India without any trouble. We can perform it but you are above the age of 18 and 21.

Further no conversion is require to get marriage and your date of birth and residence proof and no marriage certificate from your country is required for both the parties.

Further If you want your child is to be Indian then either he should born in India or live in India. coz Indian citizenship depends upon by birth or by living continously.

For more detail plz mail your further details or contact us at

adv.kamal.grover@gmail.com

Kamal Grover

Advocate (Chandigarh) (India)

M:+919814110005


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Reply   
 

Dear Kamal

Thank you for your email.

Both are above 21 years of age.

To confirm, the documents required by both parties would be:

1. Birth certificate (for both)

2. Single Status Affidavit (for both)

3. Proof of residence (abroad or in India?)

How long is the stipulated period of stay for the foreginer prior to submission of the notice of intent to marry? What about the NRI lady - how long is she expected to be present in India prior to the submission of the notice? Are they both expected to be in India for the submission? Both have permanent jobs abroad so this would make a long period of stay in India (over one month) difficult. How can this be avoided?

Thanks again!

 

 
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Thank you! I hope things work out! :)

 
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What about the NOC from the embassy of the foreigner? (certificate of no impediment - freedom to marry)

Will they give one without a problem? Is it a requirement?

 
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