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Obeying Marriage Laws
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Siddhartha Shah
A practicing advocate of Mumbai High Court. He specialises in Civil, Criminal, International and Matrimonial Laws. He opines on Indian Laws and the Legal System. Have a question? Click here...
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Marriage Legalities
Mr. Mihir Vora asks,
I am an Indian national and I want to marry a person from Philippines in India. Can I marry this person as per Indian Marriage Act if this person comes on a valid visa? Please guide me on this issue.
Dear Mr. Mihir Vora,
Presumably both of you are of a legally valid marriageable age. If so, then you can get married in India as per Indian Legislations under the provisions of Special Marriage Act 1954 by following a systematic procedure as laid down by law. 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 the Act provides for civil formalities.
Notice of marriage and its publication - Under the Act, 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 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.
Solemnisation 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, 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 and three witnesses and in the language understood to the parties.
Both of you need to get:
- Passport or any 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.
- And also a single document showing the residential proof & status of each witness i.e. Passport or Ration Card or any other property document.
You may consult an expert Matrimonial lawyer regards any further queries, Hope this should suffice your query in brief.
Divorce Compliance
Nimir asks,
I just want to know if I can file for my divorce in USA even though my marriage certificate is from India and my marriage is not registered in the USA. My wife is here on Conditional Residency so I want to know if I have to go back to India for divorce filing. I am a US citizen. Or is there any other way to get the divorce procedures done here itself in USA?
Dear Nimir,
You will need to file the papers in the appropriate jurisdiction at the place of your marriage or at the place of jurisdiction where either of you have permanent place of residence. You may initiate the legal process in India under the governance of Indian laws since your marriage was solemnized in India. You need to consult an expert divorce lawyer regards further compliances. Hope this should suffice your query in brief.
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