How to Marry a Foreign National in India?

This guide simplifies the legalities involved in marrying a foreign national in India, whether you envision a traditional ceremony or a civil union.

Understanding Your Options

• Special Marriage Act (1954): This secular law applies to all couples in India, regardless of religion or nationality. It requires a 30-day notice period and solemnisation before a Marriage Officer.
  
• Hindu Marriage Act (1955): Applicable to Hindus, Buddhists, Jains, and Sikhs, it mandates specific ceremonies (Saptpadi) but doesn’t apply to inter-religious marriages.
  
• Foreign Marriage Act (1969): For Indian citizens marrying outside India, this Act governs the legal aspects of the marriage.
  

Age Requirements:

• The minimum age for marriage in India is 18 for females and 21 for males, applicable even to foreign partners.

Key Provisions of the Special Marriage Act

1. Mutual Consent Requirement:

The foundation of a valid marriage under the Special Marriage Act is the mutual consent of both parties. Regardless of caste, religion, or race, as long as both individuals willingly agree to marry each other, their union is recognized.

2. Filing Notice of Intent:

Before proceeding with the marriage, the intending parties must formally file a notice of their intention to marry with the district’s Marriage Registrar. It’s a prerequisite for at least one of the parties to have resided in the district for a minimum of 30 days before filing the notice.

3. Mandatory Notice Publication Period:

Upon submission of the notice, a mandatory waiting period of 30 days ensues before the marriage can be solemnized. This period allows for the publication of the notice, providing an opportunity for any objections to be raised.

4. Solemnization Procedure:

Following the expiry of the 30-day notice period, the marriage is solemnized. Both parties, accompanied by three witnesses, must provide their consent to the marriage before the marriage officer.

5. Handling Objections:

Should any person related to the parties raise objections during the notice period, the registrar will assess the objection’s validity. If deemed reasonable, the marriage may be annulled. This provision ensures fair consideration of any valid concerns before solemnizing the marriage.

6. Formal Declaration Before the Marriage Officer:

Validating the marriage requires both parties to express their consent before the marriage officer. This involves a formal declaration of intent to marry, witnessed by three individuals.

Required Documents, Certificates & Formalities for Marrying a Foreign National in India

Essential Documents:

• Birth Certificates: Both partners need their birth certificates as proof of age.
• Visa: The foreign national must have a valid visa with a minimum validity of 30 days.
• Affidavits: Each partner needs a single-status affidavit, declaring they are unmarried (or divorced/widowed if applicable).
• Proof of Previous Marriage Status: If either partner has been married before, a divorce decree (divorced) or death certificate (widowed) is required.
• Residence Proof: Both parties need address proof documents like Aadhaar card, utility bills, etc.
• Passport Photos: Passport-sized photographs of both partners.
• Residence Proof in India (for one partner): Documentary evidence showing one partner has resided in India for at least 30 days before filing the notice.

Additional Requirements:

• No-Objection Certificate: The foreign national’s embassy or consulate might require a “no-objection” letter to marry in India. Check with their embassy for specific requirements.

Formalities:

• Notice of Intention: File a notice of marriage with the Marriage Registrar in the district where one partner resides for at least 30 days.
• Waiting Period: Wait for 30 days after filing the notice to allow objections (if any).
• Marriage Solemnization: The marriage is solemnized by a Marriage Officer in the presence of three witnesses.
• Marriage Registration: Register the marriage online or at the Marriage Registrar’s office. This involves verification of documents and witness presence.

Online Marriage Registration 

1. Head to Your State’s Website: Each state has its own website, so find the official one for the applicant’s residence state. This is where you’ll initiate the online registration.
   
2. Find the Marriage Registration Form: Explore the website for a section related to civil services or marriage registration. There, you should find the online marriage registration form.
   
3. Fill in the Blanks (for Both of You!): The form will ask for details from both partners, including names, addresses, dates of birth, and other relevant information. Be sure to fill it out accurately.
   
4. Submit and Get Verified: Once you’ve completed the form, submit it electronically. This kicks off the process, and the marriage registrar will verify the information you provided.
   
5. Schedule Your Visit (Maybe): In some states, you might be able to book an appointment online after submitting the application. Otherwise, wait for the marriage registrar’s office to contact you.
   
6. The Big Day (at the Registrar’s Office): On the appointed date, both parties involved in the marriage need to visit the registrar’s office. Don’t forget to bring all the required documents, which are usually listed on the website (think ID proof, address proof, marriage photos, and affidavits about marital status and nationality).
   
7. Witnessing Your Union: Two witnesses from each side of the marriage should be present at the appointment to validate the marriage.
   
8. Patience is a Virtue (Especially for Special Marriages): Processing times can vary depending on the Act under which you register. Marriages under the Hindu Marriage Act (1955) are generally processed faster (within 15-30 days), while registrations under the Special Marriage Act (1954) might take up to 60 days.
   
9. Follow Up for a Smooth Finish: After your visit to the registrar’s office, follow up to ensure everything is going smoothly, documents are verified, and your marriage certificate is issued.
   

Important Things to Keep in Mind

• Religious ceremonies alone don’t constitute a legal marriage. Registration is mandatory.
• These requirements are for marriages under the Special Marriage Act (applicable to all religions/nationalities). Procedures may vary slightly for Hindu Marriage Act marriages.
• It’s advisable to consult a lawyer specializing in matrimonial law for specific advice based on your situation.

Succession Laws for Indians Marrying Foreign National

• In general, marriages between Indian and foreign nationals follow the Indian Succession Act (1925) for inheritance.
• However, if both partners are Hindu, the Hindu Succession Act (1956) might supersede the Indian Succession Act, depending on the specific situation.
• Consulting a lawyer specializing in matrimonial and inheritance law is recommended for navigating these complexities.

Conclusion

Successfully navigating the legalities of marrying a foreign national in India requires careful consideration of the applicable laws and procedures. This guide has outlined the key requirements and processes involved, focusing on marriages under the Special Marriage Act (SMA).

Frequently Asked Questions about Marrying a Foreigner in India

Q1. What are the different laws governing marriages between an Indian and a foreign national in India?

Ans1. There are three main laws that apply depending on your situation:

• Special Marriage Act (1954): This secular law applies to all couples in India, regardless of religion or nationality.
• Hindu Marriage Act (1955): Applicable to Hindus, Buddhists, Jains, and Sikhs, but not for inter-religious marriages.
• Foreign Marriage Act (1969): For Indian citizens marrying outside India.

Q2. What is the minimum age requirement to get married in India (for both Indian and foreign nationals)?

Ans2. The minimum age for marriage in India is 18 for females and 21 for males. This applies to both Indian and foreign nationals.

Q3. What are the key provisions of the Special Marriage Act (SMA) for getting married in India?

Ans3. Here are some key provisions of the SMA:

• Mutual consent of both parties is required.
• Notice of intent to marry must be filed with the district Marriage Registrar (30 days minimum residence in the district for one partner).
• 30-day mandatory waiting period after filing the notice.
• Marriage solemnization by a Marriage Officer with both parties and 3 witnesses present.
• Objections during the notice period are investigated by the registrar.
• Formal declaration of consent before the Marriage Officer.

Q4. Which law governs inheritance rights for marriages between Indian and foreign nationals?

Ans4. In general, the Indian Succession Act (1925) applies for inheritance. However, if both partners are Hindu, the Hindu Succession Act (1956) might supersede it. Consulting a lawyer is recommended for specifics.

Q5. What essential documents are required to marry a foreign national in India (for the foreign national)?

Ans5. Essential documents for the foreign national include:

• Birth certificate (proof of age)
• Valid visa (minimum 30 days validity)
• Affidavit stating single status (or divorced/widowed if applicable)
• Proof of previous marriage status (if applicable)
• Residence proof in their home country
• Passport photos

Q6. What are some additional requirements for a foreign national marrying in India?

Ans6. The foreign national’s embassy or consulate might require a “no-objection certificate” to marry in India.

Q7. Can marriages in India be registered online?

Ans7. Yes, online marriage registration is available in some states. The process typically involves:

• Finding the official website of the applicant’s residence state.
• Locating the marriage registration form online.
• Fill out the form with details for both partners.
• Submitting the application electronically for verification.
• Scheduling an appointment (optional) or waiting for the registrar’s office to contact you.
• Visiting the registrar’s office with required documents and witnesses.
• Following up for marriage certificate issuance.

Q8. Are religious ceremonies sufficient for a legal marriage in India?

Ans8. No, religious ceremonies alone don’t constitute a legal marriage. Registration under the Special Marriage Act or another applicable law is mandatory.