What Documents Required For Foreigner To Marry With Indian
- lead India
- Jun 8, 2023
- 3 min read
The parties (i.e., the people wanting to get married) cannot both have a surviving spouse; rather, they must both be unmarried, divorced, or widowed. The partners' permission is valid since they both have sound minds and are mentally capable of being married (i.e., they don't frequently experience bouts of insanity and are fit to produce children). At least eighteen is the minimum age of the girl, and twenty-one is the minimum age of the male.
The parties must be of the same religion as the act's intended use (for the Parsee Marriage & Divorce Act, both parties must be Parsees by faith; for the Muslim Personal Law Shariat Application Act, both parties must be Parsees by faith; and for the Hindu Marriage Act, both parties must be Hindus, Buddhists, Jainas, or Sikhs by faith).
With a few exceptions, most laws function similarly. Among these exceptions are the fact that polygamy is legal for Muslims and the Muslim Personal Law (Shariat) Application Act, which does not take other factors like the age of majority into account.
What steps are involved in getting married to an NRI or foreigner in India?
Regardless of their nationality, persons in India have had the opportunity to formally end their marriages through judicial weddings. The Special Marriage Act governs the formalities of marriage as well as the documentation required to take part in the union.
But foreigners or NRIs cannot be married in the state of Jammu & Kashmir. A marriage between an Indian and an NRI may also be dissolved by a foreign court with the approval of an Indian court.
The Special Marriage Act's second schedule contains a template for giving notice that must be used by the parties. The marriage officer will post the notice in his office, keep the original copy in the Marriage notification Book, and publish it.
At least one of the parties must have lived in the district for at least thirty days before giving notice.
A person has 30 days from the date the marriage registrar issued the announcement to raise any issues with the marriage.
The marriage may be performed anywhere within a reasonable driving distance of the Marriage Officer, provided that the parties and three witnesses sign a declaration during the court ceremony declaring that the parties are getting married with their free agreement. It won't be taken seriously, though, until each person says to the other in a language both parties can understand, in front of the marriage officiant and the three witnesses, "I, (A), take the (B), to be my lawful wife (or husband)".
After the marriage has been solemnised, the marriage officer will enter a certificate into a book he holds called the Marriage Certificate Book. The parties to the marriage and the three witnesses must all sign the certificate. The certificate is regarded as evidence of the validity of the marriage in India.
Documents from the Parties Needed for an Act Marriage:
The signed notice from both parties.
A duplicate of the notice and payment confirmations.
Documentation proving the parties' ages.
Evidence of a home address.
Affidavits from both the bride and the groom.
A statement that neither party is connected to the other in any way that violates the law.
Alternative or Supplemental Documents Required Only From Foreigners:
Proof of residence and address in India.
A current passport.
Original birth certificate.
Visa.
A declaration of monogamy.
Letters of consent from the parties obtained through their native country's embassy.
A death certificate or divorce decree, as agreed upon by the parties.
If the couple wants to do court marriage in Delhi then they can Register marriage in Delhi. Moreover, Court marriage in Kolkata can also be done if the application is filed in Kolkata. Court marriage in Indore can also be done.
Lead India delivers data, legal services, and free legal advice online to address the issue. Ask a legal question online and talk to a lawyer to receive the best advice in this situation.
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