Thursday, 28 April 2016

Procedures of Court Marriage When One Party Is Indian and Other Is a Foreign National

Marriage in between an Indian national and foreign national can be solemnized under the Special Marriage Act. The marriage can be solemnized before a marriage officer in a foreign country or a marriage registrar office in India. Eligibility criteria, document required and procedures of court marriage with Indian and foreign individuals are discussed in this blog.

Eligibility Criteria for Marriage under Special Marriage Act When One of the Parties Is Indian and Other Is Foreign National

One of the eligibility conditions for marriage under special marriage act is that one of the partners should be of Indian origins. Other conditions are that the age of the bride must be more than 18 years and age of the groom should be at least 21 years.  Under the special marriage act, none of the parties that have applied for marriage registration has a spouse living. Neither of the parties should be lunatic or idiot, for getting married under the Special Marriage Act. 

Under the special marriage act, the marriage can be registered only if the parties are not within the degrees of prohibited relationship. Neither of the parties should have any other valid marriage, for their marriage solemnization under the special marriage act. 

What Are Required Documents For The Marriage Registration When One Party Is Indian And Other Is Foreign National?

Marriage application form should be properly and completely filled and submitted at the marriage registrar office in India.  The marriage application form should be signed properly by both the parties. They are required to submit the document evidence of their date of birth. Furthermore, both the parties have to submit a copy of their valid visa and passport along with the marriage application form. 

Both the parties have to submit their residential proof with the marriage application form. Foreign national or national has to submit the documentary evidence regarding their stay in a district of India for more than 30 days. The report from the concerned SHO is also valid as proof for stay.

Marital Status certificate from the concerned embassy or N.O.C is required to be submitted to the marriage registrar office along with the marriage application forms. Marital Status certificate can be issued by foreigner partner or Consulate in India is also valid.

Divorce decree or death certificate of earlier spouse is also required to be submitted to the registrar office.

What Are The Procedures For Court Marriage When One Party Is Indian And Other Is Foreign National?

After the submission of the marriage application forms at the registrar office, the marriage registrar office put the marriage application form for a notice of 30 days. The marriage between an Indian national and foreign national can be solemnized after 30 day if no objection is received at the marriage registrar office.

Within the period of 30 days, all the submitted documents are verified by the marriage registrar office. Marriage Certificate in Delhi can be attained by the couple, if the law of other nation shall not be in conflict with Indian laws.


Court Marriage Lawyers in Delhi can be hired by the couples, for proper filling and submission of the marriage application form. The lawyers also assist the couples in getting their marriage registration as soon as possible with marriage certifications. 

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