Can Foreign Nationals Opt For Court Marriage In Your Country?

Marriage is a very important institution of society. Our country has a diversity of rich heritage culture. People get marry with their customs and usages or in personal law. For Hindus, the Hindu Marriage Act, of 1955 is available, Muslims get married under the Muslim Personal Law (Shariat) Application Act, 1937and Christians marry under the Indian Christian Marriage Act, of 1872. If couples are from different religions or nations they get married under SPECIAL MARRIAGE ACT, 1954. The foreigner can also marry in India through court marriage with the procedure which is provided under law. So we can say that Marriage between an Indian and a foreign citizen can be possible under Indian law and registered. 

What Is Court Marriage?

A court marriage means when two individuals get marry without their customs and rituals through a legal process. Sometimes two individuals want to marry with each other with different religions; they can get a court marriage under the Special Marriage Act, of 1954.

Why Foreign National Opt Court Marriage In India?

• Parents belong to India: When the parents are immigrants from India, they want their children to get marry in India. Parents want to live the Indian traditions and values of their family. Parents want to connect the root of their own culture.
• When either partner is a citizen of India: When any partner belongs to India they prefer to marry and be register in India.
• For Succession Right: To get rights in the property of their ancestors, they want that marriage to be register in India. So that in the future no issues arise in the use or claim of their ancestor’s property.
• When partners are of different religions they can get marry in India under the Special Marriage Act, 1954.

What Conditions Are Require For Foreign Nationals?

A foreigner person wants to marry in India then they first understand the laws related to marriage in India. The foreigner has to analyze and choose under which law they want to marry. If both are from the same religion then they can marry under their law. But if they belong to a different religion then they can get marry under the Special Marriage Act, of 1954.

What Documents Are Require For Foreigners To Court Marriage In India? 

• The birth certificate is require for proof of age of both parties.
• The foreigner has to prove the minimum valid for 30 days.
• The parties have to prove their marriage status. If they divorced then attest the divorce decree and if any parties are widow then attest the death certificate.
• The party provides any related documents for residence proof like electricity bill, ration card, Aadhaar card, etc.
• Attach passport copies of couples.
• Proof of residence of India at least of one partner.
• Have a NOC (No-Objection Certificate) for marriage in India.
• Affidavit shall be attest of non-judicial stamp paper.

Steps For Foreign National To Marry In India

• Firstly, the notice of intention for marriage is file with the Marriage Registrar in the district where parties stay in India for at least 30 days.
• After filing the notice of intention of marriage, wait for 30 days to allow any objection (if any).
• Afterward, the marriage officer solemnized the marriage with the presence of 3 witnesses.
• The marriage is register at the Marriage Registrar’s office with verification documents and witness presence.

Conditions Required For Marriage Between Indian Citizen And Foreign National

Under Hindu Marriage Act, 1955:

• At least one party shall be an Indian citizen.
• At the time of marriage neither party has a spouse.
• Both parties are of sound mind and have the capacity to give consent.
• Both parties are not suffering from any transmitted disease.
• The bride must be 18 years of age and the groom must be 21 years.
• Neither party is suffering from an attack of insanity.
• The parties are not in prohibited degree and Sapinda relationship unless custom and usages allow.
• Parties must perform ceremonies and custom rituals to solemnize the marriage.

Under Special Marriage Act, 1954

• Either party has to be an Indian citizen.
• At the time of marriage neither party has a spouse.
• Party should be of sound mind and have a capacity to give consent.
• Neither party is suffering from transmitted disease.
• Neither party has been suffering from attacks of insanity.
• The parties must give notice before one month to the marriage officer (registrar).
• The parties solemnize the marriage in the office of marriage after payment fees and sign the declaration by 3 witnesses if no objection is raise within 1 month.

How Lawyers Can Help In Court Marriage Of Foreigners?

• Lawyers can help in court marriage by proper guidance about the procedure.
• Help in removing or alternative ways if any complexities arise in performing the marriage.
• Lawyer prepared the legal documents of the court marriage.
• If any couple needs legal protection from family or other concerns then they provide protection by applying in the court.

Case Related To Court Marriage Of Foreign Citizen In India

K.R. CHANDRATRE V. UNION OF INDIA: In this case, the Supreme Court held that legal documents and verification are important for the registration of marriage in India if a foreign citizen is involve in marriage.  

Conclusion

In the end, we can conclude that court marriage of foreign citizens in India is valid and recognized in law. It requires certain documents for marriage in India. The couples have proper research and consult with an expert lawyer to know the actual procedure for court marriage and which documents are necessary. Apply for court marriage with the help of a lawyer by following the proper procedure of court marriage. The partners must fulfill the conditions and requirements of court marriage.

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