Saturday, 30 June 2018 15:19

How to marry an foreigner in India

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Foreigner marriage registration procedure in India

Through this article I wish to explain detailed procedure and complete process about foreigner marriage registration process to get valid marriage certificate in India.

Actually My friend currently working in Chennai and he is originally from Mumbai and they tried to complete the foreign marriage registration in Mumbai. Foreigner marriage will take minimum 90 days to complete the process and another 15 days will take to complete the process .Also they asked non impediment certificate from France.

So they planned to try foreign marriage registration in Chennai itself. This is the own experiece of my friend’s civil marriage registration with French national under the Special Marriage Act in Chennai. They did not use any consultancy or lawyer for the civil Marriage in Chennai,Tamilnadu, India .

They chose to get married in Chennai, Tamilnadu for two reasons - first, processing time is only 30 days and the groom is living in Virugambakkam area and they were planning to live in Chennai Virugambakkam for the proximate short period and processing their Indian visa and PIO card would be easier with an Tamilnadu special marriage certificate. And second, the certificate would not be in Tamil and will be in British English and more easily acceptable in their country also. They planned to do their marriage in Chennai and France as well.

I advised that getting married legally in two countries was not advisable and unnecessary and illegal - instead get married once and make that marriage certificate globally acceptable by getting the necessary apostille attestation. For the Special marriage, we heard that requirements and process will differ from one sub registrar to another registrar in Tamilnadu state and even district to district in Tamilnadu. Things like 30 days notice for Civil Marriages are the same but minute document requirements & processing times surely differ. In Chennai itself the experience at the Sub registrar office Virugambakkam are completely different and little complicated but managable.

So they chose to get married under the Special Marriage Act 1954 (Civil Marriage) because neither of them have religious belief and they have the short of time on their side. First you have to register the 'intent' to marry at the Marriage Office under whose jurisdiction you fall. From what I saw, this can even be done by any one of the parties in person or through parents or an agent (though the form does require signatures of the bride & groom) and basically involves submitting proofs of ID/age & residence proof. (Divorce decrees and Death Certificates for divorcees/widowers). Our form said the following documents are acceptable in Tamilnadu: *Age Proof - Birth Certificate, School Leaving Certificate, MARK SHEET, Passport *Residence Proof - Ration Card, Election Card, Passport But he had only rental agreement with virugambakkam address and rest of documents he had with Mumbai address. The virugambakkam registrar refused to file notice because of non availability of valid Government issued address proof.

We explained about the section 5 of special marriage Act provision : It is says notice has to be filed within the judisdiction marriage registrar office where the groom or bride resides not less than days. We explained the groom residing within the Virugambakkam Jurisdiction for the past 6 months and they have to file notice in this office only. But the sub registrar of virugambakkam not accepted our request and he was very adamant in asking government address proof. Finally he came with one proposal and ask the groom to change his Aadhar card with Virugambakkam Address. We don’t have any option we decided to meet his requirements. He changed his Aadhar card accordingly.

Finally one fine we visited the sub registrar office Virugambakkam and we used submitted 33 copies of filled notice and passport for age proof and ID proof and she produced national IC for address proof, age & address. groom used his Aadhar for address proof & school mark sheet as age proof, but since her passport does not carry a residential address , we had also brought an extract from his birth certificate also for verifying his date of birth, parents ID proof etc. But they issued new format of Intend notice and asked us to fill all the columns freshly.

 

The application which they give almost similar to which we already submitted. Finally we finished the notice process and the registrar asked us to come after 30 days to complete the registration by filing declaration. We read on the internet that it was a requirement in Tamilnadu was a No Objection letter from bride Consulate. Basically it was a letter from her Consulate in Mumbai stating all his details (Name, Passport No, Age, Address) and saying that marital status was 'Unmarried' and that according to her country's law there is no impediment to him entering into matrimony with Indian national named ABC, born on etc. It seems like a pretty important document because how else would you know if a foreigner was married elsewhere. BUT our wonderful Marriage Office didn't even glance at it. But they asked both parents presence at the time of registration. We bought groom parents and explained the reason for bride parents absence.

On the day of specilal marriage solemnization, we had to come with 3 witnesses (each brought 3 passport size passport photographs plus original ID photo proofs & copies). They made us fill declaration form with details of our witnesses & took their ID proof copies. During the 'marriage' the couple and all the witnesses will have to sign the main Marriage register & say their oaths It's basically the most unromantic, bureaucratic procedure ever with lots of waiting involved. The Virugambakkam Marriage Office refused to issue marriage certificate on same day and asked as to come after one week., but we insisted and got it on the same day.

We did not have to bribe anybody, but were very assertive. They charged another 5000/- for same day marriage certificate without receipt.

We came to an conclusion that the International marriage registration process is simple in Tamilnadu comparing to other states in India

Read 262 times Last modified on Saturday, 30 June 2018 15:35