register their marriage in India
Love sees no limitations of boundaries, caste or religion. Love marriages, inter-caste marriage, marriage with a foreign national is a common practice in India. While it is true that togetherness and love is the only need for marriage but one must not ignore the legal formalities. The marriage between an Indian citizen and an NRI or when both are NRI or when one is an Indian and other is a foreign national can be formalised in two ways- one is with a religious marriage ceremony followed by registration and the other is a civil marriage ceremony. You can get your marriage certificate from MyAdvo sitting at home to give your marriage a legal recognition.

Marriage as per Religious Rituals

In India, if the NRI couple wish to marry as per the traditional rituals they can go for a marriage under the Personal laws like Hindu Marriage Act, Christian Marriage Act, Parsi Marriage Act, etc. Marriage under the Hindu Marriage Act can be contracted only when the couple is a Hindu, Buddhist, Sikh or Jain or if they convert into any of this religion. Though the marriages contracted as per the religious rituals are considered valid in India but registration of marriage is mandatory after the ceremony. The bride must be at least 18 and the groom must be 21 or above to get married under any of this law. It also provides for certain prohibited degree of relationships. For visa and passport purposes registration of a marriage is mandatory. Certificate of marriage of required to be submitted as a proof of a marriage which states the date and place of marriage along with other details.

Civil Marriage

The couple who doesn’t wish to marry as per the rituals can contract a civil marriage. In this contracting of marriage qualifies as registration of marriage and separate registration is not required. The registration of marriage for an NRI is done under the Special Marriage Act. If an Indian Citizen marries outside the country then the provisions of Foreign Marriage Act will apply on him. If the couple wishes to get married under the Special Marriage Act, the notice of intention is to be sent to a Marriage Registrar in India in whose district you wish to register your marriage. This notice is to be sent 30 days before registration. At the end of these 30 days the registrar can perform and register the marriage. This intention of marriage can only be submitted if one of the partners reside resides permanently in India and the other is a temporary resident in India. If one of the partners reside abroad, then the partner living in India has to send “Marriage Notice” which he has collected from the Registrar’s Office of his district in India and send it to his/her partner living in the other country who has to fill the form out. This “Notice” then must be sent back to the partner living in India who has to re-submit the form at Registrar’s office. After 30 days period, on the stipulated date marriage is performed and registered. 30 days period is required by the Registrar so that he can publish the news of marriage in the newspaper and receive objections if any.

Documents Required and the Procedure for Registration-

  • A duly signed application form or a Memorandum of marriage is required.
  • Proof of date of birth of both the parties is required to be submitted. It can be birth certificate, passport, etc.
  • Proof of residence of the husband and wife must be submitted. PAN Card, Aadhar Card, Electricity Bill etc. can qualify as a residence proof.
  • Passport size photographs (2 each) need to be submitted. A photo of the marriage must also be submitted.
  • Invitation card of the marriage along with a photograph of marriage is another document that must be submitted.
  • A certificate from the priest is required if the marriage got solemnised at a religious place.
The requisite fees must be submitted. The fees for registration under the Hindu Marriage Act is Rs. 100, while under Special Marriage Act, is Rs. 150. It is to be submitted to the district cashier.

 You must submit the receipt with the form.

An affirmation must be submitted by the parties stating that they do not fall under prohibited relationship. Example: Sapinda relationship.

If the parties get married under Hindu Marriage Act and if one of the parties belong to a religion other than Hindu, Jain, Buddhist and Sikh then a conversion certificate from the priest who performed the marriage (in case of marriage performed under the Hindu Marriage Act) will be required.

An affidavit duly signed by both the parties which contains the place, date of marriage, birth date along with other details is required to be submitted.

The registration of marriage can be done either online or offline. You must take an appointment as soon as possible (before or after the marriage) in order to get your marriage certificate without a hassle. If the marriage is registered under the Special Marriage Act, a 30 days’ notice is required. You can make the appointment online on your municipality’s website. Chose the district where you or your partner has resided for 6 months before the marriage. Carefully fill the form with complete and correct details like your name, name of the spouse, religion, etc. After choosing the date of appointment submit the form. On submission, you will receive an acknowledgement receipt, take a print out of the complete form and the acknowledgment slip and carry it along with you on the date of appointment. Now, the couple has to make a visit to the office of the Marriage registrar on the date of the appointment with the requisite documents. On verifying the documents and after the receipt of the payment the registrar will issue you your marriage certificate. It is not yet possible to receive the certificate online without making a visit to the registrar.

In order to register your marriage in a hassle-free manner, one must consult a good lawyer. One must not forget to register the marriage as it is important for visa and passport requirements.