Court Marriage

What are the Documents Required for Court Marriage with Foreign National?

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.

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 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 marrying a foreign national. 

Criteria for Court Marriage

  • 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.

Documents required 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 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 Marriages with Foreign National

Court marriage with foreigner in India needs the following documents:

  • 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 Marriage

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. 

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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