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TOPIC: Civil marriage procedure in India

Civil marriage procedure in India 2 years 3 weeks ago #866

  • deepak
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what is civil marriage? What are the requirements for complete civil marriage in India? There is any special procedure has to be followed to civil marriage registration for NRI'S in India? There is any possibility to complete the court marriage anywhere in India on same day without 30 days notice?
Last Edit: 2 years 3 weeks ago by deepak.
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Civil marriage procedure in India 2 years 3 weeks ago #870

Normally the civil marriage procedure will be the same and it will take month time to complete register marriage in India including Tamilnadu.
There is no need to follow any special procedure for NRI's and OCI's marriage in India. Single status certificate will be required, If any one is foreign national .

When the NRI"s prefer to do their civil marriage in India they have to understand the procedure in India.
Please read this FAQ and understand the civil marriage procedure

1. There is any special procedure has to follow to complete NRI's and OCI's marriage in India?
Ans: Civil marriage procedure is one and the same for Indians and NRI's and OCI's in India

2.what is the minimum time frame required to complete NRI's and OCI's marriage in India?
Ans : if they not prefer any ceremony it will take minimum 30 days to complete registration process even if both are Hindu or same religioun and it will be registered under special marriage Act 1954.
Same time if they prefer small ceremony like exchanging garlanding or ring they can complete marriage registration on same day. (same day certificate is valid for all legal process including visa)
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Civil marriage procedure in India 2 years 2 weeks ago #874

Find the normal civil marriage procedure in India

INTRODUCTION
Civil marriages are normally solemnized under the Special Marriage Act, 1954. Civil marriage can be performed between an Indian male and a female irrespective of their caste, religion or creed. It can also be solemnized between an Indian and a foreigner. The procedure of the Civil marriages does away with the rituals and ceremonies of the traditional marriages. The parties can directly apply to the Marriage Registrar for performance & registration of marriage and grant of marriage certificate.
ESSENTIAL CONDITIONS FOR CIVIL MARRIAGE
There should not be subsisting valid marriage of either of the parties with any other person.
The bridegroom should be of twenty-one (21) years and bride should be of eighteen (18) years of age.
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 parties should not fall within the degree of prohibited relationship.
PROCEDURE OF MARRIAGE WHEN BOTH PARTIES ARE HINDUS
The parties have to file a Notice of Intended Marriage in the specified form to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given.
The notice is then published/put-up by the Registrar of Marriage inviting objections, if any.
After the expiration of 30 days from the date on which notice of intended marriage has been published, the marriage may be solemnized unless it has been objected by any person.
The marriage may be solemnized at the specified Marriage Office.
Both parties along with three witnesses are required to be present on the date of registration/Solemnization.

DOCUMENTS REQUIRED FOR COURT MARRIAGE
Application form in the prescribed format with the prescribed fee
Passport Size Photographs of Marrying Persons
Residential Proof of Marrying Persons.
Date of Birth Proof of Marrying Persons.
Residential Proof and PAN Card of Three Witnesses
Passport size photos
Death certificate or divorce decree whichever is applicable, in case one of the parties had any marriages in the past.
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Civil marriage procedure in India 2 years 2 weeks ago #875

Civil marriage procedure for inter religion in India

REGISTRATION OF MARRIAGE IN CASE BOTH THE PARTIES BELONG TO DIFFERENT RELEGIONS:
The marriage performed under the Special Marriage Act, 1954 is a civil contract and accordingly, there need be no rites or ceremonial requirements. Where either of the husband or wife or both are not Hindus, Buddhists, Jains or Sikhs, the marriage is solemnized and registered irrespective of the religion, under the Special Marriage Act, 1954.

DOCUMENTS REQUIRED:
Application form duly signed by both the parties.
Documentary evidence of date of birth of parties.
Residential proof of both the parties.
Two passport size photographs of both the parties]
Death certificate or divorce decrees whichever is applicable, in case one of the parties had any marriages in the past.
PROCEDURE:
The parties need to file a Notice of Intended Marriage in the specified form to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given.
The notice is then published/put-up by the Registrar of Marriage inviting objections, if any.
After the expiration of 30 days from the date on which notice of intended marriage has been published, the marriage may be solemnized unless it has been objected by any person.
The marriage may be solemnized at the specified Marriage Office.
Both parties along with three witnesses are required to be present on the date of registration/Solemnization.
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Civil marriage procedure in India 2 years 2 weeks ago #876

Normal civil marriage procedure for foreign national in India
CIVIL MARRIAGE OF AN INDIAN AND A FOREIGN NATIONAL
A marriage between parties one of whom at least is a citizen of India may be solemnized under Special Marriage Act, in India before a Marriage Registrar in India or a Marriage Officer in a foreign country.

ELIGIBILITY CRITERIA:
• At least one of the parties should be an Indian citizen.
• The bride groom must be 21 years of age; the bride must be 18 years of age.
• Neither party has a spouse living,
• Neither party is an idiot or a lunatic,
• The parties are not within the degrees of prohibited relationship
• Each party involved should not have any other subsisting valid marriage.
DOCUMENTS REQUIRED:
• Application form duly signed by both the parties.
• Documentary evidence of date of birth of parties.
• Copy of Passport of both the parties with valid Visa.
• Residential Proof of both the parties.
• Documentary evidence regarding stay at district in India of one of the parties for more than 30 days (Proof of stay or report from the concerned SHO).
• N.O.C. or Marital Status certificate from the concerned embassy or Consulate in India by a foreigner partner.
• Death certificate or divorce decree whichever is applicable, in case one of the parties had any marriages in the past.
PROCEDURE:
• The parties to the marriage shall give notice in writing in the form specified, to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given, and the notice shall state that the party has so resided.
• All the documents are verified at the Office of Marriage Registrar.
• The law of other nation shall not be in conflict with Indian laws.
• The notice is then published inviting objection to the marriage, if any.
• If no objection is made, then, on the expiry of the notice publishing period, the marriage may be solemnized.
• The marriage shall be solemnized in the presence of at least three witnesses.
• Further the Marriage Certificate is entered and is granted by the Marriage Registrar.

But same time there is a possibility to complete court marriage on same day in Chennai.
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Civil marriage procedure in India 2 years 2 weeks ago #877

Find civil marriage procedure in Delhi, India

Solemnisation of Marriage under Special Marriage Act

Special Marriage Act, 1954 provides for solemnisation of marriages in accordance with the provisions of the Act. SDMs/ADMs/Deputy Commissioners have been authorised as Marriage Officers for this purpose.
Q. Where do I have to go and during which hours?

To the office of Sub-Divisional Magistrate in whose jurisdiction any of the husband or wife resides, during 9.30 a.m. to 1.00 Noon on any working day. Click Here to obtain the contact address of the SDM in whose jurisdiction in your colony lies.
Q. Which papers/documents/fees, do I take with me?

Application form duly filled and signed by the bride and the groom.
Fee of Rs.15/- is to be deposited with cashier of District and the receipt should be attached with the form.
Documentary evidence of date of birth of both parties (Matriculation Certificate/Passport/Birth Certificate).
Documentary evidence regarding stay in Delhi of one of the parties for more than 30 days (ration card or report from the concerned SHO).
Separate affidavits from bride and groom giving:
Date of birth.
Present marital status: unmarried/widower/ divorcee.
Affirmation that the parties are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act.
Passport size photographs of both parties (2 copies each) duly attested by a Gazetted Officer.
Copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.
Q. What will be the criteria used while deciding my case?

For solemnization of marriage, presence of both parties is required after submission of documents of issuance of notice of intended marriage. A copy of the notice is pasted on the office notice board by the SDM. Any person may within 30 days of issue of notice , file objection to the intended marriages. In such a case, the SDM shall not solemnise the marriage until he has decided the objection, within 30 days of its receipt. If the SDM refuses to solemnise the marriage, any of the parties may file an appeal within 30 days to the District Court. In case no objection is received, the SDM solemnises the marriage after 30 days of the notice. Both parties alongwith 3 witnesses are required to be present on the date of solemnisation of marriage. It is advisable to submit names of witnesses atleast one day in advance.
Q. What are the relevant Forms?

Click here for relevant Form

Q. When will I get a response?

You should be getting a response normally within 60 days.

Degree of Prohibited relationship as per the Hindu Marriage Act, 1955

Section 3 (f):

"Sapinda relationship" with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation;
two persons are said to "sapindas" of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them;
Section 3 (g):

"degrees of prohibited relationship" – two persons are said to be within the "degrees of prohibited relationship" –
if one is a lineal ascendant of the other; or
if one was the wife or husband of a lineal ascendant or descendant of the other; or
if one was the wife of the brother or the father’s or mother’s brother or of the grandfather’s or grandmother’s brother of the other; or
if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters;
Explanation – For the purposes of clauses 3(f) and 3(g), relationship includes –
relationship by half or uterine blood as well as by full blood;
illegitimate blood relationship as well as legitimate;
relationship by adoption as well as by blood;
and all terms of relationship in those clauses shall be construed accordingly.

Degrees of Prohibited relationship as per the Special Marriage Act, 1954

Section 2 (b):

"Degrees of prohibited relationship" – a man and any of the persons mentioned in Part I of the First Schedule and a woman and any of the persons mentioned in Part II of the said Schedule are within the degrees of prohibited relationship.
Explanation (I) – Relationship includes, --

relationship by half or uterine blood as well as by full blood;
illegitimate blood relationship as well as legitimate;
relationship by adoption as well as by blood;
and all terms of relationship in this Act shall be construed accordingly.
Explanation (II) – "Full blood" and "half blood" – two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives.

Explanation (III) – "Uterine blood" – two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands.

Explanation (IV) – In Explanations II and III, "ancestor" includes the father and "ancestress" the mother;

THE FIRST SCHEDULE [ DEGREE OF PROHIBITED RELATIONSHIP]
PART – I

Mother.
Father’s widow (step mother).
Mother’s mother.
Mother’s father’s widow (step grand-mother).
Mother’s mother’s mother.
Mother’s mother’s father’s widow (step great grand-mother).
Mothers’s father’s mother.
Mother’s father’s father’s widow (step great grand-mother).
Father’s mother.
Father’s father’s widow (step grand-mother).
Father’s mother’s mother.
Father’s mother’s father’s widow (step great grand-mother).
Father’s father’s mother.
Father’s father’s father’s widow (step great grand-mother).
Daughter.
Son’s widow.
Daughter’s daughter.
Daughter’s son’s widow.
Son’s daughter.
Son’s son’s widow.
Daughter’s daughter’s daughter.
Daughter’s daughter’s son’s widow.
Daughter’s son’s daughter.
Daughter’s son’s son’s widow.
Son’s daughter’s daughter.
Son’s daughter’s son’s widow.
Son’s son’s daughter.
Son’s son’s son’s widow.
Sister.
Sister’s daughter.
Brother’s daughter.
Mother’s sister.
Father’s sister.
Father’s brother’s daughter.
Father’s sister’s daughter.
Mother’s sister’s daughter.
Mother’s brother’s daughter.
Explanation – For the purposes of this Part, the expression "widow" includes a divorced wife.
PART – II
Father.
Mother’s husband (step-father).
Father’s father.
Father’s mother’s husband (step grand-father).
Father’s father’s father.
Father’s father’s mother’s husband (step great grand-father).
Father’s mother’s father.
Father’s mother’s mother’s husband (step great grand-father).
Mother’s father.
Mother’s mother’s husband (step grand-father).
Mother’s father’s father.
Mother’s father’s mother’s husband (step great grand-father).
Mother’s mother’s father.
Mother’s mother’s mother’s husband (step great grand-father).
Son.
Daughter’s husband.
Son’s son.
Son’s daughter’s husband.
Daughter’s son.
Daughter’s daughter’s husband.
Son’s son’s son.
Son’s son’s daughter’s husband.
Son’s daughter’s son.
Son’s daughter’s daughter’s husband.
Daughter’s son’s son.
Daughter’s son’s daughter’s husband.
Daughter’s daughter’s son.
Daughter’s daughter’s daughter’s husband.
Brother.
Brother’s son.
Sister’s son.
Mother’s brother.
Father’s brother.
Father’s brother’s son.
Father’s sister’s son.
Mother’s sister’s son.
Mother’s brother’s son.
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