Introduction of marriage between Indian and foreigner: The completion of appropriate legal formalities is more important when there is a marriage between citizens of two different countries because it gives the marriage legal recognition and establishes the legal rights and obligations of the husband and wife toward each other. Additionally, it makes future legal processes like family visa applications, immigration, health services, etc. more convenient.
The process for registering a marriage and how to obtain the marriage certificate has been made available by the State Governments on their official websites to make things simple for individuals. Alternatively, an Indian citizen who wishes to get married to someone from another country can do so on his own or with the assistance of advocates and legal professionals.
This article will also cover the process for solemnizing marriage between an Indian & a foreign citizen in India.
Laws for Foreigner married to Indian
Hindu Law (Hindu Marriage Act)
According to Hindu Law, any two Hindus in India (including Buddhists, Jains, & Sikhs) may get married, but there are certain requirements that must be met by both parties, which are listed below:
- One of the spouses must be an Indian national.
- Neither partner has a spouse at the time of the wedding.
- Neither party has been suffering from attacks of insanity.
- Both parties are mentally competent and able to give valid consent.
- The husband must be the age of 21 years and the bride must be the age of 18 years.
- Parties are not in prohibited relationships unless the ritual or usage that governs each of them allows marriage between them.
- Both parties are well enough for marriage and childbearing and don’t have any illnesses or suffer from any diseases that would prohibit them.
To solemnize the marriage, the parties must perform the sacraments and customary rituals of either party. If the ritual and rites include “Saptpadi” (taking seven steps together in front of the sacred fire), the marriage is complete when the seventh step is performed.
Special Marriage Act
The Special Marriage Act permits any 2 individuals in India, regardless of their religion, to get married, however, there are a few requirements that must be met by both parties, which are listed below:
- One of the spouses must be an Indian national.
- Neither partner has a spouse at the time of the wedding.
- Both parties are mentally competent and able to give valid consent.
- Neither partner has a spouse at the time of the wedding.
- The husband must be the age of 21 years and the bride must be the age of 18 years.
- Parties are not in prohibited relationships unless the ritual or usage that governs each of them allows marriage between them.
- Both parties are healthy enough for marriage and childbearing and do not have any diseases that would preclude them from doing so.
Before a marriage can be solemnized in a district where either party has lived for at least one month prior to the date of the notice (for example, SDM in Delhi), the parties must give the marriage officer there at least one month’s advance written notice. (If the parties’ permanent addresses are different, the District Officer will transmit the notification to the district where each party permanently resides.)
If no objection is raised within the one-month notice period prior to the nuptials, parties may legally wed in any manner at the office of the marriage officer (registrar) or at any other location within a reasonable distance of the office of a registrar after paying the required fees and signing the declaration with 2 witnesses.
Furthermore, if an objection is raised by anyone, the Marriage Officer will conduct an investigation; the results of the investigation will determine the extent of the marriage solemnization. The parties must give new notice if three months have passed since the notice was given and they have not yet been married.
Documents required for marriage registration between citizens of 2 Nations
Proof of Temporary & Permanent Residence of the Bride and Groom like
- Gas Bill,
- Passport,
- Water Bill,
- Ration card,
- Aadhar Card,
- Voter ID Card,
- Electricity Bill,
- Telephone Bill,
- Bank Passbook,
- Rent Agreement,
- Driving License or
- any other govt. recognized document.
Identification Documents for the Groom and the Bride
- Ration Card,
- Aadhar Card,
- Pan Card, Voter ID card Passport,
- Driving License, or any other govt. recognized document.
Date of birth Proof of Bride & Bridegroom
- like Birth Certificates,
- Passport,
- Aadhar Cards,
- Hospital record,
- 10th Marksheet,
- Driving License, etc.
- Both witnesses’ IDs and proof of permanent residence are required.
- “Divorce Decree” if any party has previously been divorced.
- If any of the parties to the marriage is a widow or widower, a death certificate is required.
- The foreign national’s nationality and marital status are verified by a certificate from the embassy of the country to which they belong.
- In the case of a religious marriage, a certificate from the priest, Pandit, Maulvi, & Gurudwara Committee is required.
- Affidavit on Rs. 10 non-judicial stamp paper that must be attested.
- One passport-size photograph of both the husband and wife
Affidavit Format
Affidavit Format to be Provided by Both the Bride and the Groom on Non-Judicial Paper: –
Indian & Foreign Marriage Registration
Appointments for Marriage Registration can be made online through the government portal or in person at the office of the SDM/Marriage Officer/Registrar physically.
By using the link to the Citizen Portal provided below, one can submit an online application for the Registration of Marriage in Delhi:
After the bride or groom receives the appointment, both parties must appear to the SDM Office at the appointed time with two witnesses and all necessary documentation (originals and copies), and the marriage will be registered after the couple signs the declaration in front of the marriage officer.
The Certificate can be obtained from the Office of the Marriage Officer following registration, or it can be sent directly to the addresses of the bride and groom after marriage in accordance with local customs.
Frequently asked questions
Who can marry a foreign national in India?
Any Indian citizen can marry a foreign national in India, subject to certain legal requirements and conditions.
What are the legal requirements for such marriages in India?
The legal requirements for marriages between Indian citizens and foreign nationals can vary depending on the specific marriage laws that apply. Generally, both parties should meet age, mental competence, and health criteria. The Special Marriage Act allows individuals of any religion to marry, while the Hindu Marriage Act applies to Hindus, Buddhists, Jains, and Sikhs.
What documents are required for marriage registration?
The required documents may include proof of residence, identification documents, date of birth proof, divorce decree (if applicable), death certificate (if applicable), nationality verification certificate for the foreign national, and more. It’s essential to check with the local marriage officer for the specific documents required.
How can I make an appointment for marriage registration?
Appointments for marriage registration can typically be made online through the government portal or in person at the office of the Sub-Divisional Magistrate (SDM)/Marriage Officer/Registrar.
What if there is an objection to the marriage?
If an objection is raised during the notice period, the Marriage Officer will conduct an investigation. The outcome of the investigation will determine the extent of the marriage solemnization. New notice may be required if the marriage is not solemnized within three months.
