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Foreign couple, marriage in India
James Hales asks,
I am an Australian and British citizen in India on an employment visa. My fiancé is Filipino and is here on a tourist visa until July this year. I wish to marry her and have obtained the no impediment to marriage certificate from the Australian consulate today. However, the Marriage Registrar has stated that two foreigners cannot marry in India. I do not believe this to be the case but cannot seem to find any information to refute this. Your immediate advice would be much appreciated.
Dear James Hales,
You can get married in India. Since you are getting married in India, you will have to comply with the rules and legalities of Indian legislation. You can get married under the special marriage act, 1954. The special marriage act, 1954 requires certain preliminaries to the solemnization of marriage. It should be kept in view that marriages under the act are essentially civil marriages and this Act provides for civil formalities.
Notice of marriage and its publication - Under the Act, the notice of marriage is to be given by both the parties. It has to be given to the marriage officer of the district where one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given. In the notice the names, the status (unmarried, widow / widower or divorcee), ages and dwelling place of both the parties are to be stated. The length of residence and the permanent dwelling (if the present dwelling place is not a permanent residence) are also to be stated.
Solemnization of marriage - Before a marriage can actually be solemnized, the bride and bridegroom are individually required to file a declaration. Each declaration should contain: the status of the bride (or bridegroom as the case may be) at the time of marriage i.e. whether he or she is unmarried, divorcee or widow / widower, the age and a statement that he or she is not related to the other within the degrees of prohibited relationship.
No marriage under the Act shall be complete and binding unless each party agrees to the marriage in the presence of the marriage officer and three witnesses and in the language understood to the parties.
You need to get the following documents
- Passport (Document showing your nationality and proof of residence)
- Any document showing your proof of birth and age viz birth certificate or school leaving certificate.
- A declaratory affidavit duly notarised stating your current matrimonial status and also providing more information with regards your domicile, age and the place of your permanent residence.
You may contact a lawyer specializing in Marriage laws for further compliances and legalities. Hope this should suffice your query.
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