Marriage Procedures in India for Special Marriage

Marriage between a Hindu (boy/girl) and a Muslim (girl/boy) is governed under the Hindu law, Muslim Law and the Special Marriage Act, 1954. The Personal laws have bearing on issues relating to maintenance, divorce, succession, adoption etc.

The Special Marriage Act, 1954 provides for a special form of marriage in certain cases such as between people of different faith and for the registration of such and other marriages and also for divorce available to all citizens of India married under the Act.

A Hindu (boy/girl) and a Muslim (girl/boy) could get married under this Act and can also have a wedding performed according to their own religious rites, for their own satisfaction and no conversions are required.

Under Special Marriage Act, 1954

A marriage between any two persons may be solemnized under this act, if at the time of the marriage the following conditions are fulfilled, namely:–

  • Neither party has a spouse living
  • The parties should not be of unsoundness of mind of such a nature as to be unable to give valid consent for the marriage, or suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and procreation of children, or has been subject to recurrent attacks of insanity.
  • The male has completed the age of 21 years and female the age of eighteen years.
  • The parties are not within the degrees of prohibited relationship.
  • Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degree of prohibited relationship.
  • Where the marriage is solemnized in the State of Jammu and Kashmir, both parties are citizen of India domiciled in the territories to which this Act extends.

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Worry about Legal Documentation? we will Help you to complete all the Documents required for Marriage process. Like PAN Card, Aadhar Card, and other Certificates.

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Marriage Procedures In India For NRI’s, PIO’s Or Foreigners

Procedure and Precautions for NRI Marriage in India.

An NRI, a PIO or a Foreigner (American, Canadians, British, and others) who wants to marry in India has the following choices:

» Religious Marriage Ceremony
» Civil Marriage Ceremony

 

1. Religious Marriage Ceremony for NRI Marriage in India

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. Moreover, for visa and immigration purposes a formal marriage certificate from the Registrar of Marriages is required. For NRI Marriage, there are different rules and regulations for different religions. For example, there are Hindu Marriage Act, Muslim Marriage Act, and Christian Marriage Act and for the Parsee, there is Parsee Marriage and Divorce Act.

Hindu Marriage Ceremony

The Hindu Marriage Act of 1955 is applicable to Hindus, Jains, Sikhs and Buddhists. A religious marriage which has already been solemnized can be registered under the Hindu Marriage Act, 1955. The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs or where they have converted into any of these religions. The Hindu Marriage Act provides for the conditions of a marriage where under the bridegroom should be the age of 21 years and bride of 18 years, they both should not be within the degree of prohibited relationship.

Documents Required for NRI Marriage
The documents required for registering a marriage under the Hindu Marriage Act are as follows:
  • Application form duly signed by both husband and wife
  • Documentary evidence of date of birth of parties (Matriculation Certificate / Passport / Birth Certificate) Minimum age of both parties is 21 years at the time of registration under the Special Marriage Act
  • Ration card of husband or wife whose area SDM has been approached for the certificate
  • Affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality
  • Two passport size photographs of both the parties and one marriage photograph, Marriage invitation card, if available
  • If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage
  • Affirmation that the parties are not related to each other within the prohibited degree of relationship as per Hindu Marriage Act or Special Marriage Act as the case may be attested copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower
  • In case one of the parties belong to other than Hindu, Buddhist, Jain and Sikh religions, a conversion certificate from the priest who solemnized the marriage
  • All documents excluding receipt should be attested by a Gazetted Officer

Verification of all the documents is carried out on the date of application and a day is fixed and communicated to the parties for registration. On the said day, both parties, along with a Gazetted Officer who attended their marriage, need to be present before the SDM. The marriage certificate under the Hindu Marriage Act is issued on the same day or within a few days.

2. Civil Marriage Ceremonies for NRI Marriage in India

Parties who do not wish to marry in a religious ceremony can instead opt for a civil ceremony pursuant to the Indian Special Marriage Act of 1954.

In case a marriage between an Indian and a foreign national is to take place in India, generally its required to file a notice of intended marriage with a Marriage Registrar of your choice in India. That notice is required to be published for the stipulated 30 days. At the end of the 30 days, the Marriage Registrar is free to perform the marriage.

The notice of intended marriage can only be given in India if at least one partner is permanently and the other partner temporarily resident in India.

If one partner is residing in a foreign country then the partner who is resident in India will have to fill out the “Marriage Notice” collected from the Marriage Registration Office of his/her choice in India and send it to his/her partner in the foreign country who will also have to fill it out. This “Notice” should then be sent back to the partner in India who will have to re-submit it at the Marriage Registration Office. After the stipulated waiting period of 30 days, the marriage can take place in India. Under the Special Marriage Act, 1954 a certificate showing the signatures of the persons married, the registrar and the witnesses will be issued. This Certificate is required as proof of the marriage and when applying for a visa to for a foreign country.

Documents Required
The following documents are required for both the partners:
  • A valid Passport.
  • Original Birth Certificate showing parent’s names.
  • If the person concerned is widowed, the original death certificate of the deceased spouse.
  • If divorced, a copy of the final degree.
  • Documentary evidence regarding stay in India of the parties for more than 30 days (ration card or report from the concerned SHO).

The American citizen who wishes to participate in a civil marriage ceremony may be required to present to the marriage officer a “no objection letter” from the U.S. Embassy or Consulate, as well as proof of termination of any previous marriages. Similarly, a citizen of another foreign country may be required to present to the marriage officer a “no objection letter” from the Embassy or Consulate of his country, as well as proof of termination of any previous marriages.

In a nutshell, under the Special Marriage Act, the parties generally are required to wait at least 30 days from the date of initial application to formalize the marriage so that the marriage officer can publish a newspaper ad allowing for the opportunity for any objections to the marriage to be voiced.

Request Call Back

We are here to help you. We can call you if are unable to reach us due to any reason. It would be our pleasure.


Our Features



Free Legal Advise

Here we have a expert team of legal advisors in Ghaziabad, who can advise you for every kind of marriage for free.

Valid Certificate

All the Certificates, which you get through our services will be 100% genuine & valid.

Marriage Certificate in 2 Hours

We can perform your court marriage in a day & get marriage certificate form court in 2 Hours.

Easy Documentation

Simple, easy and less documentations are done to fasten the marriage registration process in Ghaziabad.

Documents Pickup

We send our executive to pick up the documents so you do not have to worry about travelling.

Lowest Price

We assure you for lowest charges, no hidden cost and don't have to pay anything other than the charges we tell you.

Fast and Propmt Services

We are here to assist you to fulfill the paper formalities before and after marrige.

24x7 Support

We are with you in every situation even after your process completion until you are fully satisfied.

Other Facilities



Documents Help

Documents Help

Worry about Legal Documentation? we will Help you to complete all the Documents required for Marriage process. Like PAN Card, Aadhar Card, and other Certificates.

Mandap Facility

Mandap Facility

We also provide innovative and creative Mandap decoration for beautiful photography sessions, beautiful mehandi designs for Bride and Groom. Designer and within your budget.


Catering Service

Catering Service

Your most important day of your life will be truly unforgettable. We aim to deliver the best food servings while you sit back, relax and enjoy. A wide range of options are available.


Photography for Court Marriage

Photography

Keep and share your unforgettable moments with everyone forever with our top class photographers providing HD Photography and Videography services at a very reasonable price.

Christian Marriage Procedure in India

Parties who do not wish to marry in a religious ceremony can instead opt for a civil ceremony like Christian Marriage pursuant to the Indian Special Marriage Act of 1954.

In case a marriage between an Indian and a foreign national is to take place in India, generally, its required to file a notice of intended marriage with a Marriage Registrar of your choice in India. That notice is required to be published for the stipulated 30 days. At the end of the 30 days, the Marriage Registrar is free to perform the marriage.

The notice of intended marriage can only be given in India if at least one partner is permanently and the other partner temporarily resident in India.

If one partner is residing in a foreign country then the partner who is resident in India will have to fill out the Marriage Notice collected from the Marriage Registration Office of his/her choice in India and send it to his/her partner in the foreign country who will also have to fill it out. This Notice should then be sent back to the partner in India who will have to re-submit it at the Marriage Registration Office. After the stipulated waiting period of 30 days, the marriage can take place in India. Under the Special Marriage Act, 1954 a certificate showing the signatures of the persons married, the registrar and the witnesses will be issued. This Certificate is required as proof of the marriage and when applying for a visa to for a foreign country.

Documents are required for Marriages which have already been solemnized
  • Application form duly signed by both husband and wife.
  • Documentary evidence of the date of birth of parties (Matriculation Certificate / Passport / Birth Certificate). Minimum age of both parties is 21 years for male and 18 years for female, at the time of registration under the Special Marriage Act / Hindu Marriage Act.
  • Ration card of husband or wife, at least one should be resident of Delhi for 30 days.
  • In case of Special Marriage Act, documentary evidence regarding stay in Delhi of the parties for more than 30 days (ration card or report from the concerned SHO, Police Station).
  • Affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality.
  • Two passport size photographs of both the parties and one marriage photograph.
  • Marriage invitation card.
  • If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage.
  • Affirmation that the parties are not related to each other within the prohibited degree of relationship as per the Special Marriage Act. For details of such relationships please read below at end.
  • Attested copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.
  • In case one of the parties belong to other than Hindu, Buddhist, Jain and Sikh religions, a conversion certificate from the priest who solemnized the marriage (in case of Hindu Marriage Act).
The Following Documents Are Required For Both The Partners
  • A valid Passport.
  • Original Birth Certificate showing parents’ names.
  • If the person concerned is widowed, the original death certificate of the deceased spouse.
  • If divorced, a copy of the final decree.
  • Documentary evidence regarding stay in India of the parties for more than 30 days (ration card or report from the concerned SHO).

Request Call Back

We are here to help you. We can call you if are unable to reach us due to any reason. It would be our pleasure.


Our Features



Free Legal Advise

Here we have a expert team of legal advisors in Ghaziabad, who can advise you for every kind of marriage for free.

Valid Certificate

All the Certificates, which you get through our services will be 100% genuine & valid.

Marriage Certificate in 2 Hours

We can perform your court marriage in a day & get marriage certificate form court in 2 Hours.

Easy Documentation

Simple, easy and less documentations are done to fasten the marriage registration process in Ghaziabad.

Documents Pickup

We send our executive to pick up the documents so you do not have to worry about travelling.

Lowest Price

We assure you for lowest charges, no hidden cost and don't have to pay anything other than the charges we tell you.

Fast and Propmt Services

We are here to assist you to fulfill the paper formalities before and after marrige.

24x7 Support

We are with you in every situation even after your process completion until you are fully satisfied.

Other Facilities



Documents Help

Documents Help

Worry about Legal Documentation? we will Help you to complete all the Documents required for Marriage process. Like PAN Card, Aadhar Card, and other Certificates.

Mandap Facility

Mandap Facility

We also provide innovative and creative Mandap decoration for beautiful photography sessions, beautiful mehandi designs for Bride and Groom. Designer and within your budget.


Catering Service

Catering Service

Your most important day of your life will be truly unforgettable. We aim to deliver the best food servings while you sit back, relax and enjoy. A wide range of options are available.


Photography for Court Marriage

Photography

Keep and share your unforgettable moments with everyone forever with our top class photographers providing HD Photography and Videography services at a very reasonable price.