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Special Marriage requirements and documents


05-May-2023 (In Family Law)
NamastePlease I would like to know what are the requirements and documents needed for a foreigner to marry an Indian in IndiaThanks
Answers (2)

Answer #1
930 votes
Procedure for the Marriage: The parties have to provide a notice to the Marriage Officer of the district in which at least one of the parties has resided for a period of not less than thirty days.  The form provided in the second schedule of the Special Marriage Act is to be provided as the notice. The notice will be published by the marriage officer by affixing it to the place in his office and will keep the original copy of the notice in the Marriage Notice Book. If a person has an objection to the marriage, he/she is allowed to raise the objection within 30 days from the date of publication of notice by the marriage registrar. During the court marriage, a declaration is to be signed by the parties along with three witnesses declaring that the parties are doing the marriage with their free consent.  The marriage can be solemnized at any place at a reasonable distance in the Marriage Officer’s district. However, it will not be considered valid unless each party says to the other in the presence of the Marriage Officer and the three witnesses and in any language understood by the parties,-“I, (A), take the (B), to be my lawful wife (or husband)”. After the marriage is solemnized, the Marriage Officer will enter a certificate in a book that is kept by him, called the Marriage Certificate Book and the certificate is to be signed by the parties to the marriage and the three witnesses. The certificate is deemed conclusive evidence of marriage being valid in India.
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Answer #2
594 votes
okay I understand your questions so you are planed for marriage in India right so girl or boy need indian address like Adar card and 10th marks card and witness arw required so do you need any further legal help contact me thank you
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Comments by Users

Jacaranda
Don't we have to provide both of us a proof of address of minimum 30 days? What are all the documents needed for the Indian marriage? How and where can the foreigner get the affidavit?

Reply by LawRato
For a foreigner to marry an Indian in India, they need to choose whether they want a civil ceremony or a religious ceremony. A civil ceremony is performed at the marriage registrar’s office and requires a 30-day notice period. A religious ceremony is performed according to the customs of the respective religion and may or may not require registration with the local authority. They need to have a valid passport, visa, birth certificate, and proof of address and residency in India for at least one of the parties. They also need to obtain a certificate of no impediment or single status from their home country’s embassy or consulate, stating that they are not already married or have any legal obstacle to marry. They need to submit their application for marriage along with the required documents and fees to the concerned authority. They may also need to publish their notice of marriage in a local newspaper and invite any objections within a specified period. They need to appear before the marriage officer or the religious authority on the appointed date and time and solemnize their marriage in the presence of at least three witnesses. They need to sign the marriage certificate and register their marriage with the local authority if required.

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