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Writer's pictureLead India
Jun 8, 20233 min read

Procedure of marriage of two foreigners in India of Different countries ?

According to different religions, five Acts control the marriage procedure in India. The Hindu Marriage Act of 1955 governs unions of adherents of Buddhism, Sikhism, Jainism, and Hinduism. The 1937-enacted Muslim Personal Law (Shariat) Application Act regulates marriages between those who practice Islam. The Indian Christian Marriage Act of 1889 governs marriages between Indian parties that come under the religion.


Procedure:

The instant marriage procedure in India is the same for foreigners and Indian citizens. However, there are a few additional requirements and factors for international nationals. This is a general explanation of what occurs:


1. . Research and understand Indian marriage laws: Learn about the relevant Indian marriage laws. It is crucial to seek advice from the right authorities or legal experts in order to ensure compliance. The nation and religion of the couple may have different laws governing marriage.

2. Request a No Objection Certificate (NOC) from the embassy or consulate of your nation in India. Indian law requires foreigners who want to get married to do so. The NOC, which is required as part of the marriage registration process, attests that the marriage is not subject to any legal objections.

3. Submit an application for a marriage visa: The applicants must do this if they do not already possess valid visas for entry into India. This process often involves submitting an application to the Indian embassy or consulate in the applicant's home country.

4. Decide on the wedding venue: Make a choice on the location of your wedding. It might be a courthouse, a church, or a place where you can get married legally.

5. Go to the registry of marriages: Both parties must visit the marriage registration office that is most convenient for them in order to learn more about the requirements and procedures for registering a marriage.

6. Put together the necessary paperwork: assemble all the documents required to register a marriage, such as: Certificates of birth, proof of address, a NOC from the embassy or consulate, and affidavits indicating the couple's present marital status and intention to wed are all required documents, Photographs in passport size

7. Register the marriage: In order to have their marriage registered, the parties must come before the marriage registrar with the required paperwork and at least two witnesses, most frequently two. The registrar will review the documentation and complete the marriage registration process. Following a successful registration, a marriage certificate is given.

8. Further religious or ceremonial steps: If the parties prefer to have a religious or ceremonial wedding, they can make further arrangements. But it's essential that the marriage is officially recognised.

The prerequisites to take into account before getting married are:

For two people to proceed with being married, there are three basic requirements. The Special Marriage Act's Section 4 specifies these requirements, which are as follows:

  • The parties (i.e., the people wishing to get married) cannot both have a spouse who is still alive; instead, they must both be single, divorced, or widowed.

  • The partners' consent is legitimate (i.e., they both have sound minds) and they are mentally capable of entering into a marriage (i.e., they are not prone to episodes of insanity and are fit to have children).

  • The female is at least eighteen years old, while the guy is at least twenty-one.

Case Law:

A couple's desire to have their marriage registered under the Act led to the decision. The woman is Hindu and a Canadian citizen, and the man is an American Christian. Foreigners can register their marriage under the Special Marriage Act of 1953, and it is not necessary that at least one spouse be an Indian citizen, according to the Delhi High Court, which ordered the state government to amend its rules in this regard.


If the couple lives in Gurgaon then court marriage in gurgaon may be done. Moreover, if the couple has a court marriage in Delhi then court marriage fees delhi should be paid. court marriage process Hyderabad should be followed if the application has been filed in Hyderabad.


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