This post discusses all the necessary aspects of a court marriage with a foreign national. By reading this post you can understand the number of documents you are required to carry and the process of court marriage in detail.
Marriage Registration Between Indian and Foreigner: Court marriages can be solemnized or take place in the court with three witnesses and a Marriage Officer. Court marriages are perfect for people who wish to avoid the elaborate ritualistic and customary steps of different religions for marriage. It is a great way to save money as a traditional wedding will surely drain your pocket.
Court marriage registration is straightforward and you just need to have all the necessary documents and get married in the presence of witnesses and a marriage officer. Court marriages were solemnized under the Special Marriage Act of 1954.
It states that a court-martial can happen between an Indian female and male regardless of their creed, religion, and caste. It also allows marriage between an Indian citizen and a foreign national. If you wish to have a court marriage, you don’t need to worry about the numerous ceremonies and rituals of traditional marriages.
The bride and the groom can skip these long ceremonies and just apply for the grant of marriage certificate and registration and performance marriage to the Marriage Registrar. Read this article to understand the process of court marriage and the documents required for Court Marriage with Foreign national.
Criteria for Court Marriage Registration Between Indian and Foreigner
- The female should be of at least eighteen years of age and the groom should be of twenty-one years of age.
- Both the parties must not have any subsisting valid marriage with another person. They should either be single, divorced, or widowed.
- The bride and the groom should not fall under the degree of prohibited relationship as stated in the Special Marriage Act, 1954.
- Both the parties should not be of unsound mind such that they can’t consent to the marriage. They shouldn’t be suffering from any mental illnesses that have affected them to such an extent that it makes them unfit for marriage and the procreation of children. They also shouldn’t have been facing recurrent attacks of insanity.
Documentations for Court Marriage in India
- A document stating the date of birth of the male and the female. You can use a passport, matriculation certificate, or birth certificate as evidence of your date of birth.
- The groom and the bride need to fill out the application form and sign them
- A document that can be used to prove that either the bride or the groom has stayed in Delhi for over 30 days. You could present a report from the concerned Station House Officer or a ration card for this purpose.
- You need to present a receipt that shows you have paid the required fees for the application form in the District Court.
- You need to have an affirmation that proves you are not related to each other. It should state that you are unrelated to each other within the scope of the prohibited relationship as stated in the Special Marriage Act.
- Affidavits of both the bride and the groom which show the date of birth, and their current marital status whether they are single, divorcee, or widower.
- If either party is divorced, they would need to produce a divorce decree or order for a online court marriage. If either the groom or the bride is a widower or a widow, they would need to present the death certificate of the spouse.
- Both the parties need to present two copies of passport-size pictures after getting them duly attested by any gazetted officer.
Additional documents for Court Marriage with Foreign National
Below given are the documents required for Court Marriage with Foreign National in India:
- The foreign national would need to present a marital status certificate from their embassy or a certificate of NOC.
- A photocopy of their visa and passport.
- Either the bride or the groom needs to show a document that proves that they have stayed in India for a month or more. They can use a report from the concerned SHO or present proof of residence.
Process of Court Marriage with Foreign National
The marriage of one Indian citizen and a foreign national has been solemnized under the Special Marriage Act. You can get married in the country to a Marriage Registrar: https://services.india.gov.in/ or get married in the presence of a Marriage Officer in the respective foreign country. Both the parties must have passed all the necessary criteria for a court marriage. They should not be within the degrees of prohibited relationship and should not have a living spouse. They must both be of the legal age to marry and of sound mind. Read the following points for the procedures.
- Both the parties need to give written notice in the specified form to the Marriage Officer of the district where either the bride or the groom lived for 30 days and more from the date on which the written notice is given.
- All the necessary documents of the bride and groom are then verified thoroughly at the Office of Marriage Registrar.
- It must be established that the law of the other country must not have any conflicts with our law.
- The notice is published to ensure there’s no objection to the marriage.
- If no one objects to the marriage, then, after the expiration of the notice publishing period, the marriage can take place then
- You would need at least three witnesses for your court marriage to be valid.
- Moreover, the marriage certificate is given to the couple by the Marriage Registrar.
Fees of Court Court Marriage Registration Between Indian and Foreigner
The fees for court marriage generally differ in different states. Usually, the court marriage costs are from ₹500 to ₹1000. However, you should check out the price of court marriage in your state before you submit the application form for a court marriage.
Legislative Initiative for Marriage Registration
In India, there are four main marriage laws: Hindu Marriage Law, Christian Marriage Law, Muslim Marriage Law, and Special Marriage Law.
The Special Marriage Act, 1954, is applicable to all citizens of India, irrespective of their religion, caste, or culture. Marriage registration in India is compulsory under this act, and the parties must file a Notice of Intended Marriage on a specified form to the Marriage Registrar. The parties must have resided in the area for at least thirty days immediately preceding the filing, and a thirty-day waiting period is required during which objections may be raised.
At the conclusion of the waiting period, the marriage may be solemnized at a specified Marriage Office, and a marriage certificate is issued directly by the Registrar of Marriage appointed by the Government of India.
The legal age for a woman is 18 years, and for a man, it is 21 years, and both parties must be of sound mind and capable of giving valid consent for the marriage. The parties should not fall within the degree of prohibited relationship.
| The Hindu Marriage Act, 1955, is applicable to Hindus, and the Special Marriage Act is applicable to all citizens of India. |
Benefits of Marriage Registration
Marriage registration offers several benefits, providing legal recognition and protection to the union between spouses. Here are some key advantages of marriage registration:
- Legal Recognition:
– Marriage registration provides legal recognition to the marriage, making it a valid and legally binding contract. This recognition is crucial for various legal and administrative purposes.
- Proof of Marriage:
– The marriage certificate serves as official proof of the marital relationship. It is a vital document for various legal transactions, government processes, and visa applications.
- Social Security Benefits:
– In many countries, a registered marriage is a prerequisite for spouses to avail themselves of social security benefits, including health insurance, pension benefits, and survivor benefits.
- Inheritance Rights:
– Marriage registration establishes the legal status of spouses, ensuring inheritance rights in the event of the death of one of the partners. It simplifies the process of inheriting property and assets.
- Visa and Immigration:
– A marriage certificate is often required for visa and immigration purposes. It serves as evidence of a genuine marital relationship and is necessary for obtaining dependent visas or sponsoring a spouse’s immigration.
- Legal Status of Children:
– Marriage registration establishes the legal status of children born within the wedlock. It simplifies the process of obtaining birth certificates for children and ensures their legitimacy.
- Family Law Rights:
– Marriage registration grants couples legal rights and responsibilities under family law. It defines the legal obligations and entitlements of spouses in areas such as alimony, child custody, and support.
- Property Rights:
– Registered marriage facilitates the smooth transfer of property between spouses. It ensures that both partners have legal rights to jointly owned assets and simplifies the division of property in case of divorce.
- Social Acceptance:
– Marriage registration enhances social acceptance of the marital relationship. It establishes the legitimacy of the union in the eyes of society, which can be important for various social and cultural reasons.
- Legal Safeguards in Case of Disputes:
– In the unfortunate event of separation or divorce, marriage registration provides a legal framework for settling disputes. It ensures that both parties have legal rights and responsibilities, offering a structured approach to conflict resolution.
Marriage registration, therefore, not only solidifies the emotional and social aspects of a union but also provides essential legal safeguards and benefits for the individuals involved.
Tatkal Marriage Certificate
A Tatkal marriage certificate is a valid document that serves the same purpose as a regular marriage certificate. In situations where a couple requires a marriage certificate urgently, the Indian government offers the option of obtaining a Tatkal marriage registration certificate.
The Tatkal marriage certificate, with an application processing time of 24 hours, is a legitimate document equivalent to a standard marriage certificate. To secure this expedited service, the couple must submit all relevant documents, including ID cards, address certificates, officially signed forms, date of birth certificates, passport photos, and affidavits from both spouses. Additionally, the couple is required to visit the SDM office with an individual wedding invitation and an Aadhar card.
Upon payment of the Tatkal marriage registration fee, the couple will be scheduled for an appointment with the SDM. During this meeting, the SDM will authenticate the couple by asking relevant questions. Once this authentication process is complete, the couple will receive a personalized certificate, which will be uploaded to their district ID within 24 hours.
It’s important to note that the application fee for a Tatkal marriage certificate is higher than the fee for the normal registration process for a marriage certificate.
Conclusion
Many people are now moving towards getting married in court rather than wasting lakhs of rupees on an elaborate wedding. Marriage to a foreign national is quite easy once you understand what documents you would need and the procedure. You should prepare yourself beforehand so that the wedding is seamless and stress-free. Also, for any other information related to this, you can get help from Vakilsearch.
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