Steps for NRI couples to register their marriage in India

Love sees no limitations in terms of boundaries, caste, or religion. Love marriages, inter-caste marriages, and marriages with foreign nationals are standard practices in India. While it is true that togetherness and love are the only needs for marriage, 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 the other is a foreign national, can be formalized in two ways- with a religious marriage ceremony followed by registration. The other is a civil marriage ceremony. You can get your marriage certificate from MyAdvo sitting at home to give your marriage legal recognition.

Marriage as per Religious Rituals

In India, if the NRI couple wishes 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 to any of these religions. Though the marriages contracted as per the religious rituals are considered valid in India, marriage marriage registration is mandatory after the ceremony. The bride must be at least 18, and the groom must be 21 or older to get married under any of these laws. It also provides for certain prohibited degrees of relationships. For visa and passport purposes, marriage registration is mandatory. A marriage certificate must be submitted as proof of marriage, which states the date and place of marriage and 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 marriage registration, 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 the Foreign Marriage Act will apply to him. If the couple wishes to get married under the Special Marriage Act, the notice of intention will be sent to a marriage registrar in India whose district you want to register your marriage. This notice is to be sent 30 days before registration. 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 resides permanently in India and the other is a temporary resident in India. If one of the partners resides abroad, then the partner living in India has to send a “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 another country who has to fill the form out. This “Notice” must be sent back to the partner living in India, who has to re-submit the form at the Registrar’s office. After 30 days, marriage is performed and registered on the stipulated date. 30 30-day 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 both parties' dates of birth is required to be submitted. It can be a birth certificate, passport, etc.
• Proof of residence of the husband and wife must be submitted. A PAN Card, Aadhar Card, Electricity Bill, etc., can qualify as residence proof.
• Passport-size photographs (2 each) and a photo of the marriage must also be submitted.
• Another document that must be submitted is the marriage invitation card, along with a photograph of the marriage.
• A certificate from the priest is required if the marriage is solemnized at a religious place.

The requisite fees must be submitted. The cost for registration under the Hindu Marriage Act is Rs. 100, while under the Special Marriage Act, it is Rs. 150. It is to be submitted to the district cashier.

 You must submit the receipt with the form.

The parties must submit an affirmation stating that they do not fall under a prohibited relationship. Example: Sapinda relationship.

If the parties get married under the Hindu Marriage Act and one of the parties belongs 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 parties, which contains the place, date of marriage, birth date, and other details, must be submitted.

Registration for marriage can be done either online or offline. You must make an appointment as soon as possible (before or after the marriage) to get your marriage certificate without hassle. If the marriage is registered under the Special Marriage Act, a 30-day notice is required. You can make the appointment online on your municipality’s website. Choose the district where you or your partner has resided for 6 months before the marriage. Carefully fill out the form with complete and correct details like your name, spouse's name, etc. After choosing the date of the appointment, submit the form. On submission, you will receive an acknowledgment receipt, take a printout of the complete form and the acknowledgment slip, and carry it along with you on the appointment date. Now, the couple has to visit the Marriage registrar's office on the date of the appointment with the requisite documents. After verifying the documents and receiving the payment, the Registrar will issue you your marriage certificate. It is impossible to obtain the certificate online without visiting the Registrar.

Consult a good lawyer to register your marriage hassle-free. Registering the marriage is important for visa and passport requirements.