Marriage between Indian and Foreigner

Marriage between Indian and Foreigner

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.
  1. Both witnesses’ IDs and proof of permanent residence are required.
  2. “Divorce Decree” if any party has previously been divorced.
  3. If any of the parties to the marriage is a widow or widower, a death certificate is required.
  4. The foreign national’s nationality and marital status are verified by a certificate from the embassy of the country to which they belong.
  5. In the case of a religious marriage, a certificate from the priest, Pandit, Maulvi, & Gurudwara Committee is required.
  6. Affidavit on Rs. 10 non-judicial stamp paper that must be attested.
  7. 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: –

Download PDF form

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.

Conclusion of Marriage between Indian and Foreigner

On 09.03.21, the Apex Court held in Ami Ranjan & Anr. Versus State of Haryana and Anr. that “the ratio of judgment passed in Dr. Praful B. Desai’s case (supra) is that statement of a witness or accused can be recorded by way of video conference in the presence of his pleader/counsel u/s 273 Cr.P.C.”

This viewpoint was formed with the understanding that, under Sections 284 & 285 of the Cr.P.C., witness attendance can be exempted by appointing a Commission, which can go to the location where the testimony or accused is present and record his statement to meet the justice ends.

As a result, under criminal law, the witness’s presence before the Court is not required for the recording of his evidence.

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