Want to marry a foreigner. Can we have citizenship of both countries?


How to marry a girl who is Muslim and who is living in Indonesia and I am a Hindu plus Indian Citizen by birth and there is no family support? Is there any way we can have citizenship of both the countries?

 

Answer

 

No, Indian Citizenship laws do not recognize dual citizenship and therefore you cannot retain both the citizenship, however you can apply for OCI (Overseas Citizenship of India)

 

Regarding the marriage, your marriage shall be covered under the Special Marriage Act 1954 and the procedure for the same has been elaborated below.

 

 

There are the following pre-requisites applicable for getting married under the Special Marriage Act 1954:

 

i. Neither party should have a spouse living at the time of marriage.

 

ii. Both the parties should be of sound mind, capable of giving valid consent, fit for marriage and procreation of a child.

 

iii. Male should have completed the age of 21 years and female should have completed the age of 18 years at the time of marriage.

 

iv. Parties are not within the degrees of prohibited relationship – Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship. (Degrees of Prohibited Relations has been defined in Section 2(b) of the above mentioned Act)


 

 

There are basically three stages of going for a Marriage under Special Marriage Act.

 

Stage I: Filing of application form and preparation of required documents

 

You need to locate the Marriage Officer's office in whose jurisdiction your application will be accepted - this is based upon your residential proof. Thereafter, you need to fill application forms, prepare necessary affidavits and collect required documents.

 

Exact documentation required to be submitted varies depending on jurisdiction and individual case by case basis. In general, the following documents are essential:


a) Properly Filled Application Form/Notice. 
 

b) Evidence of Date of Birth of both the parties (10th class Certificate/Passport/ Birth Certificate – would do) 


c) Evidence that one of the parties has stayed in Delhi for a period exceeding 30 days (Voter ID Card/Ration card etc.). 
 

d) Affidavits of both the parties with regard to: 

i) Date of birth. 

ii) Present marital status: unmarried/widower/ divorcee. 

iii) Statement that parties are not within prohibited degrees of relationship (In short: These are some close relations). 

iv) Statement regarding Citizenship of the parties. 

v) Another clause that says parties intend to marry each other. 
 

e) 3 Copies of Passport size photographs attested by any Gazetted Officer. 
 

f) As the girl is Indonesian (i.e. a foreign national) – a NOC from the consulate/embassy that says the person is not married already. 
 

 

All the photocopies of required documents and photographs need to be attested by a Gazetted Officer.


 

Stage II: Submission of completed application and notice period
 

The completed application needs to be submitted to the office of concerned Marriage Officer. It is compulsory for both husband and wife to be present at time of submission of application. All original documents are required at the time of submitting the application form. After submitting the forms, applicants are given a date and time for appearance before marriage registrar for solemnization of marriage. 

 

A notice of intended marriage (with photographs and details) will be published on the notice board of office of concerned Marriage Registrar Office for a period of 30 days. During course of the procedure of solemnization under Section 13 of the Special Marriage Act 1954, any person may file an objection to the intended marriage within 30 days of issue of notice on public notice board.


 

Stage III: Appearance before concerned registrar on date of appearance

 

On the date of appearance, both parties have to appear before marriage registrar. All original documents are required at the time of registration of marriage.

 

3 witnesses will also need to be present along with couple during the procedure on date of appearance for court marriage

 

Next step is to deposit a registration fee and complete formalities of matching name spellings and tallying documents.

 

After examination of documents and application forms and parties, registrar will ask the parties to take an oath in front of him - the format of oath will be provided. 

 

After satisfying that no one has any objection with respect to the said marriage, Registrar will ask the parties to sign the marriage certificate and counter sign the same. 

 

In cases where such a objection is filed, the Officer shall not solemnize the marriage until he has decided on the validity of the objection raised within 30 days of receipt of the objection.

 

Valid objections include age of any of the parties intending to get married or the bride is too closely related to the groom (parties are within the prohibited degrees of relationship) or that either party has a living spouse.

 

The Officer will not solemnize the marriage until he has inquired into the matter of the objection and is satisfied that it ought not to prevent the solemnization of the marriage or the objection is withdrawn by the person making it.

 

In cases where a valid objection is found after enquiry and the Officer refuses to solemnize the marriage, any of the parties may file an appeal within 30 days to the District Court. 

 

Both the bride and the groom along with 3 witnesses are required to be present on the date of solemnization of marriage.

 


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