Posts tagged ‘Special Marriage Act 1954’

Marriage between Indians and Forigners

A marriage between an Indian citizen and a foreign citizen can be registered in India, under the Special Marriage Act, 1954. The conditions are:

a) The male should complete 21 years and the female should complete 18 years.

b) Both the parties should have soundness of mind to give a valid consent and they should not be having any mental disorder or insanity.

c) The parties should not have a spouse living at the time of the marriage.

The parties shall give a notice of intention of their marriage to the marriage officer within whose jurisdiction, at least one of them reside. The marriage officer will publish a copy of such notice in his office and will also send a copy of the notice to the office of the marriage officer, within whose jurisdiction the other party resides. Any person having any objection to the marriage should intimate the marriage officer, within 30 days of the publication of the above notice. On receipt of any objection, the marriage officer shall enquire into the same and pass an order in this regard. If the marriage officer upholds objection and refuses to solemnize the marriage, then the aggrieved party has to approach the district court for an appeal.  If the marriage officer overrules the objections, then the marriage can be solemnized. Three witnesses are required to sign a declaration witnessing the solemnization of the marriage. After the solemnization, the marriage officer will issue a certificate of marriage. The normal documents required are age proof, address proof and identity proof documents, in addition to photographs.