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What Is The Complete Process Of Court Marriage For NRI?

  • Writer: lead India
    lead India
  • Mar 28, 2023
  • 3 min read

When an Indian woman from India marries an Indian man who resides in another country (thus, NRI - non-resident Indian), he may be a citizen of that country (in which case he would legally be a "NRI") or he may be a citizen of India, as is the situation in most NRI weddings (when he would legally be a PIO – person of Indian origin).


The issue is particularly prevalent with Indian women who are duped into marriages with Indians living abroad. They also fail to acknowledge the complicated and severely limited legal options available to women in NRI marriages in the event that something goes wrong.


The risk in such a marriage is increased since the woman is "isolated" distant from home in a foreign country, encountering language barriers, communication issues, and a lack of accurate information about the local criminal justice, police, and legal systems.


The issue is complex and includes matters like dowry and other forms of harassment against married women living abroad, convenience weddings, and husbands who hide a past marriage before wed locking an Indian woman. Lack of social security encountered by an Indian lady in a foreign country when the marriage does not work is another crucial issue that needs consideration.


Process:


The Special Marriage Act has been used to legally marry one Indian citizen and one foreign national. You can either get married in front of a Marriage Officer in the foreign country in question, or you can get married to a Marriage Registrar in your own country: https://services.india.gov.in/.


The requirements for a court marriage must be met by both parties. They shouldn't have a spouse who is still alive and they shouldn't be in a relationship that is illegal in any way. Both parties must be of sound mind and of the legal age to get married. For the procedures, read the following:

  • The Marriage Officer of the district where either the bride or the groom resided for 30 days or more prior to the day the written notice was given must receive written notice from both parties in the format required.

  • In the Office of Marriage Registrar, all the bride and groom's required documentation is then carefully reviewed.

  • It must be determined that our law and the law of the other country must not contradict in any way.

  • To make sure there is no opposition to the marriage, the notification is published.

  • You would need at least three witnesses for your court marriage to be valid. The marriage may go on if there are no protests voiced after the notice-publishing window has ended.

  • The Marriage Registrar also provides the couple with the marriage certificate.

Criteria:

  • The bridegroom must be at least twenty-one years old, and the female must be at least eighteen.

  • There cannot be an active, legally recognized marriage between any of the parties. Either they should be widowed, divorced, or single.

  • According to the Special Marriage Act of 1954, the degree of the relationship between the bride and the groom should not fall within the restricted range.

  • It is not acceptable for either party to be so mentally unstable that they are unable to consent to a marriage. They shouldn't have any mental diseases that have rendered them unsuited for marriage and childbearing to the point where they can no longer function as healthy individuals. Also, they shouldn't have had to deal with frequent episodes of lunacy.

Generally speaking, each state has a different set of court marriage fees. Typically, a judicial marriage costs between $500 and $1000. Before submitting the application for a judicial marriage, you should research the cost of doing so in your state.


Nowadays, a lot of people prefer to get married in court rather than spend thousands of rupees on an extravagant ceremony. After you are aware of the necessary paperwork and the process, getting married to a foreign national is pretty simple. You should get ready in advance to ensure a smooth and stress-free wedding.


Court Marriage in Jaipur can be appointed if one of the person lives in Jaipur. Moreover, if one of the persons lives in Lucknow then Court Marriage in Lucknow can be appointed. Court marriage in Patna can be appointed if one of the persons lives in Patna.


At Lead India, we offer a range of legal and professional services. This is the place to ask a legal question. Talk to a lawyer and get the best advice possible in this scenario. Our legal staff will assist you in making wise judgments. We also provide free legal advice online.



Call Us: +91–8800788535


 
 
 

1 Comment


lead india
lead india
Mar 28, 2023

Lead India is Legal Firm In Delhi which provides court marriage lawyers in Patna, jaipur, lucknow and almost every other city. Our court marriage lawyers have extensive experience in these fields. They can assist you with every aspect of your case because they are knowledgeable in court marriage and family law. Visit us for more information. Contact+ 91-8800788535 Email: care@leadindia.law Website: https://www.leadindia.law/

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