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Marrying a foreigner? Understand the legalities
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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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Underage
Paula asks,
I'm Portuguese woman and in love with a man from India. He is younger than me and we are going have a baby, but now I'm in Portugal and he's in India. We want to be together, we tried to get his visa but it was refused and he is not the age to get married, because the Indian law is different. What can we do now?
Dear Paula,
Firstly you have not mentioned the age of your friend. Anyways, you will have to abide the statutory legal compliances as regards the Indian law and legal system, the marriageable age as required for a male is 21 years and 18 years for women. You may possibly if required, have to wait till he reaches the marriageable age for getting the appropriate legal validity and further eligibilities as per the governing Indian legal system.
No complications
Sushil Sarat asks,
I am an Indian citizen living in US. My fiancée is an Iranian citizen living in Iran. We have both decided to register our marriage in India. I want to find out how complicated is this procedure?
Dear Sushil,
You may definitely get married in India. You may get married and get your marriage registered under The Foreign Marriage Act, 1969 in U.S. You may inquire at the Indian Consulate / Embassy as regards the same. The Foreign Marriage act reads with the Special Marriage Act, 1954. The procedure of getting married and the due registration is not at all complicated. The Foreign Marriage act 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.
When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing to the marriage officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given, and the notice shall state that the party has so resided.
A marriage by or before Marriage Officer under this Act shall be solemnized at the official house of the Marriage Officer in the presence of at least three witnesses.
Visa procedures
Erna asks,
I am planning to get married with my Indian fiancée in my country Indonesia. We both are Muslim. What is the Indian law regarding an Indian marrying an Indonesian woman? If I will follow my husband to India what visa will I have to take? How long is it valid? Can I have temporary residency, as I will follow him there?
Dear Erna,
You may get married as per the governing laws of your country if you so desire. Now, if you and your fiancée want to get married under Indian legal system you will have to get married and get your marriage registered under the Foreign Marriage Act, 1969.
For getting appropriate visas and permits this will totally depend on the status of your nationality and citizenship. Also the governing law of your marriage registration of whichever country. If you get married according to the laws of your country you will have to obtain necessary permissions from the Indian Consulate for getting the visa permits etc., for appropriate period of stay in India. Even if you get married and get your marriage registered as per Indian laws, you will still have to make appropriate applications and permissions for your visas for your stay in India.
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