NRI/Foreigners Marriage
NRI court marriage is a marriage between an Indian citizen and NRI or PIO (person of Indian origin). In India, there’s a special marriage act for couples seeking NRI marriage. In Delhi, NRI marriage is performed under SMA.
Marriage Procedures in India for NRI’s, PIO’s or Foreigners
In India, a marriage performed with tradition is only considered a legal marriage. Having said that, registration of marriages is now a legal need in some states in India. Moreover, for VISA and immigration grounds, an official marriage certificate from the court or the registrar of marriage is important.
There are two acts in which the foreign/NRI marriage can be processed :
1. Hindu Marriage Act 1955
2. Special marriage Act 1954
01.
Hindu Marriage Act 1955
Hindu marriage act allows an Indian citizen to get married within a day. The marriage certificate is globally accepted that can be claimed on the same day of marriage.
In India, a religious marriage ceremony is considered a legal marriage. However, registration of marriage is now a legal requirement in most of the states in India.
02.
Civil Marriage Ceremonies in India
Under Special marriage act, a indian citizen is valid to get married regardless of the race, caste, ethnicity etc. Also a Indian citizen who wishes to marry a citizen of other countries with the services of SMA under 30-35 days issued by SDM/registrar.
Under Special marriage act, a indian citizen is valid to get married regardless of the race, caste, ethnicity etc. Also a Indian citizen who wishes to marry a citizen of other countries with the services of SMA under 30-35 days issued by SDM/registrar.
Frequently Asked Questions
Most frequent questions and answers
What is the Court Marriage process in India as a Foreign National?
Before proceeding with this type of Court Marriage in India, the whole process includes firstly, to ensure eligibility of the persons getting married. Then. you should have all the requisite documents in place before filing the Court Marriage application with the Registrar.
To solemnize procedures for Court Marriage between a foreign national and an Indian citizen under the Special Marriage Act, 1954, one needs to keep the following points in mind:
- The laws of the nation to which the foreign national belongs, must not be in conflict with the Indian Laws
- In order for the foreign national to do Court Marriage in India, he/she must have a valid passport and visa
- N.O.C or Marital status certificate from the concerned Embassy or Consulate
A civil lawyer in India can help with the legal proceedings of such a Court Marriage in India.
What is the procedure of marriage between an Indian and a foreigner outside India?
The marriage between an Indian and a foreigner in a foreign country is mentioned in the Foreign Marriage Act, 1969 and is inferred as a Civil Marriage. The process of a Court Marriage is absolutely the same as mentioned under the Special Marriage Act, 1954 but a No Impediment Certificate/NOC from concerned the Embassy and valid VISA is also required along with the other documents.
What are the advantages of a Court Marriage?
There can be many advantages in the case of Court Marriage. The advantages are:
- It is an easier process and involves lower costs as compared to traditional marriages.
- The parties to a Court Marriage get the option of solemnizing the marriage in any way of their choice. For instance, two Hindus can solemnize their marriage through a Sikh Style wedding if they choose to.
Do I need to apply for a marriage certificate after the conclusion of the Court Marriage?
Generally, a marriage registration certificate is an official document stating that two people are married. In India, Marriages can be registered under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. For both types of marriages, a marriage registration certificate is necessary for a couple who got married. The Apex Court has also made it compulsory to register marriage for preserving women’s rights. Hence, gaining a marriage registration certificate after marriage can have many benefits.
But since a Court Marriage is solemnized in front of the Marriage Officer, the complete solemnization takes place when the marriage certificate is entered and granted by the Marriage Registrar.