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Foreign Marriage Act
Prema asks,
I am a Malaysian citizen and my husband to be is an Indian citizen. Is it possible to perform the marriage in Malaysia? After the marriage we are planning to go to India. Is it possible that I will get an Indian citizenship?
Dear Prema,
You can definitely get married outside India provided you both are of a legally marriageable age and status. You both may get married and get your marriage registered under the governance of the Foreign Marriage Act 1969 in Malaysia.
The Indian Legislation has made provision for Indian citizens to marry in countries outside India, by enacting an Act called "The Foreign Marriage Act 1969".You may note that there are certain formalities to be complied for the Marriages of Indian citizens outside India.
Both the parties intending to marry will have to give notice in writing in the specified form where one of the parties to the intended marriage should have resided (country and city) for at least thirty days prior to the notice of marriage. The marriage officer shall have such notice published in his own office and in India and the country in which the parties are ordinarily resident. You will have to personally visit the office of marriage officer at the appropriate consulate and give notice of the intended marriage to such marriage officer appointed by the Central Government in the country of their residence. The marriage officer may be diplomatic representative in the Embassy or High Commission or Consulate as the case may be.
Solemnisation of marriage - Before a marriage can actually be solemnised, 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, divorce 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 says to the other in presence of the marriage officer, in the language understood to the parties, along with their residence proof.
You both need to get:
Passport (or 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 and can initiate the further process in India for obtaining the necessary permits and visa pertaining to your spouse after your marriage process is complied systematically.
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