Court Marriage Between Indian and Foreigner – Legal Rules
Court Marriage Between Indian and Foreigner – Legal Rules – Cross-border marriage is a very lovely union of completely different cultures, traditions, families and nations. Along with it comes a legal procedure to ensure that the person is accepted in that new country with a legal process and can get all the rights that a citizen deserves. The government has created an excellent legal infrastructure for such matters. When an Indian citizen wishes to marry a foreign national in India the best process to maintain clarity and neutrality is to perform a court marriage under the Special Marriage Act,1954. A court marriage helps the couple to avoid the religious rites and provides a legal and valid record of the marriage and the immigration, name change, and official formalities.
Here is a blog that contains all the information that an Indian and a foreign couple need to know about the Court Marriage Between Indian and Foreigner – Legal Rules associated with it.
Law Associated with Court Marriage Between Indian and Foreigners
For a court marriage between Indian and foreigner the law that is associated with it is special marriage act 1954. This law promote the marriage between the people of different religions, nationals, or even different belief to get married without going through any religious rites,
Sometimes a couple may decide to get married under the personal law or through foreign embassy procedure according to their comfort but the most hassle free and easy one is the special marriage act for cross-national couples.
Key legal requirements
- Voluntary consent: The two sides must agree without any doubts to the marriage; a consent obtained by trick, intimidation, or force is not valid.
- Capacity to marry: Each side should be able to comprehend and make a decision for oneself in the matter of marriage and should not be related by blood or Indian law prohibited degrees of relationship should Indian law forbid marriages in such cases.
- Marital status: The two sides must be single at the time of marriage (or in case of a previous marriage, they must be divorced or widowed; a certificate may be required).
- Age requirement: The marriage has to comply with Indian minimum marriageable ages. Couples should check the present legal ages with the Registrar as the law changes and amendments may take place from time to time.
- Notice and waiting period: According to the Special Marriage Act, the couple is obliged to notify the Marriage Registrar of their intention to marry giving him a formal notice. The Registrar should be in the area where either party has been living for the last three months.
Document Required for the Court marriage
The exact document required for any marriage under the special Act is different, but some of the most common documents that are need in the court marriage of indian and foreign are :
- Valid passports for both parties (a foreign national’s passport is essential).
- Visa/immigration proof showing lawful presence in India (if the foreigner is in India).
- Proof of residence/address for the party giving notice (Aadhaar, utility bill, rental agreement, passport address page, etc.).
- Birth certificates or school leaving certificates as proof of age (where required).
- Affidavit of marital status (sworn before a magistrate): a declaration that the party is single, divorced, or widowed as applicable.
- Divorce decree/death certificate of deceased spouse (if applicable).
- Passport-size photographs of both parties.
- No-objection / certificate of non-impediment from the foreign national’s embassy
- Translations & notarizations
Step by Step Process for the Court Marriage
Here are some of the most common processes that are involved in the court marriage between indian and foreigner are as follows :
- Decide jurisdiction: the first and foremost step to file the notice at the marriage registrar’s office in the jurisdiction where the partners have been receding for a prescribed period.
- Notice and document submission : submit the document and the application form. And then the registrar will publish the notice for public inspection.
- Waiting period ; according to the law there is a waiting period of 30 days under which any person with any objection against the marriage can object to it.
- Hearing of objection : if any objection is raised then a healing will proceed and the registrar must investigate. If the objection is legal the marriage can be prevented.
- Solemnization: The marriage may be solemnized before the Registrar after the waiting period (or after the objection being resolved). The couple and three witnesses put their signatures in the marriage register.
- Marriage certificate: The Registrar provides a marriage certificate — the main civil evidence of the union. Certified copies will come in handy for visas, changing the name, and other administrative formalities.
- Post-registration formalities: If intended for foreign countries, the marriage certificate might need an apostille or consular legalization and translation; the foreign spouse may also require additional notifications to the embassy.
A Reliable Help for Court Marriage of Indian and Foreign | Advocate Amit Gupta
Amit gupta is a the best help a couple can get for their court marriage process from the Legal and Documentation work to the registration process. It takes care of all your tedious jobs related to the arrangement of documents, legal work, and government departments in one go.
Expert Guidance on Legal Procedures
Usually, many people are totally ignorant of the precise judicial tradition, necessary forms, and law provisions concerning court marriages, notarization, and affidavits. In every phase of the work Advocate Amit Gupta gives you the light of its help, it tells you what documents are needed, in what ways they have to be done, and where they have to be taken.
Accurate Document Preparation
Mistakes in affidavits, applications, or forms might be a cause of throwing back or delay and thus making the processes lengthy and time taking. To avoid such mistakes, accurate documents preparation and formatting as per government-approved formats are done by Advocate Amit Gupta. Not only that but the staff also takes good care to ensure that the changes of names, dates, addresses, and other legal declarations are done correctly.
Assistance in Court Marriage Cases
In the case of a court marriage between an Indian and Foreigner the process of documentation may get intricate. Advocate Amit Gupta facilitates such cases by:
- Writing the necessary affidavits related to age, marital status, and nationality
- Making the announcement of the proposed marriage under the Special Marriage Act ready
- Working with the Marriage Registrar office
- Providing information about the embassy-related needs and translations
Notary, Attestation, and Affidavit Services
Through providing prompt notary services, Advocate Amit Gupta also facilitates the attestation of affidavits in the most appropriate manner. The main thing here is legal validation and acceptance by courts, registrars, and embassies, etc.
Translation and Apostille Support
Generally, in the case of foreign-related matters, the documents that you present must be either translated or must bear an apostille. Advocate Amit Gupta helps in securing certified translations and apostille or legalization services needed for global use.
The clients are given full support from the beginning to the end under one roof instead of them going from one office to another and facing perplexing procedures. This work is definitely less time-consuming, and you are less likely to have another appointment immediately because you forgot something or need more documents in proper order.
After marriage support
The work of Advocate Amit Gupta will not end with the registration of marriage. They in turn, helps as much as possible with:
- Copies of marriage certificate
- Name change affidavits
- Documentation for spouse visa
- Passport and other official record changes
Contact us now
If you are an Indian or a foreigner looking to get married, then Advocate Amit Gupta is the best professional help that you can go for, to get a robust and hassle free Court Marriage Between Indian and Foreigner – legal rules. To understand more about it contact us via :
Phone no. : +91-7888700485
Gmail: lovemarriageadvocate@gmail.com
Address : Sco -173,174 Level -1 , Sector -17 , Chandigarh
