TOPIC: Procedure for civil marriage in India

Procedure for civil marriage in India 3 years 9 months ago #18

I am not able to find exact procedure for foreign national.somebody told me that for foreign national they have to do only special marriage and they have to give 30 days notice.
there is any possibility to do civil marriage without 30 days notice.
Please give suitable suggestions.
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Re: Procedure for civil marriage in India 3 years 9 months ago #19

Normally all are think that special marriage Act is the only way to do civil marriage.
But any marriages solemnized without customary ceremony is called civil marriage.
you are correct for doing special marriage it will take minimum 30 days because it is mandatory notice period and it can not waived by any marriage registrar.
Any marriage certificate issued by any Government is valid one and it must be acceptable worldwide. So you can chose any other Act to do your civil marriage.For example you can prefer Tamilnadu Marriage Act 2009.As per this Act any religion and any Nationality can have their civil marriage in Tamilnadu especially in Chennai in one day process.
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Procedure for civil marriage in India 1 month 3 weeks ago #123

Normal civil marriage procedure in chennai,Tamilnadu

Special marriage registration process

INTRODUCTION
The Special Marriage Act was enacted to provide a special form of marriage by any person in India and all Indian nationals in foreign countries irrespective of the religion either party to the marriage may profess.

For the benefit of Indian citizens abroad, it provides for the appointment of Diplomatic and Consular Officers as marriage officers for solemnizing and registering marriages between citizens of India in a foreign country.

The Act extends to the whole of India except the state of Jammu and Kashmir and also applies to citizens of India domiciled in the territories to which this Act extends who are in the state of Jammu and Kashmir.



CONDITIONS NECESSARY FOR A MARRIAGE
The following conditions are necessary:

That neither party has a spouse living at the time of marriage.
That neither party is incapable of giving a valid consent to the marriage due to unsoundness of mind.
That neither party has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children.
That neither party has been subject to recurrent attacks of epilepsy or insanity.
That the bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of marriage.
That the parties are not within the degrees of prohibited relationship.
However where a custom governing at least one of the parties permits a marriage between them, such marriage may be solemnized non with standing that they are within the degrees of prohibited relationship as follows:

DEGREES OF PROHIBITED RELATIONSHIP:

Mother
Father's widow (step mother)
Mother's mother
Mother's father's widow (step grand mother)
Mother's mother's mother
Mother's mother's father's widow
Mother's father's mother
Mother's father's father's widow (step great grand mother)
Father's father's widow (step grand mother)
Father's mother's mother
That where the marriage is solemnized in the State of Jammu and Kashmir, both the parties are citizens of India domiciled in the territories to which this Act extends.

SOLEMNIZATION OF MARRIAGE
Parties who intend to get married under the Special marriage Act shall give a notice in writing in the specified form to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given.
NOTICE OF INTENDED MARRIAGE
A notice has to be given in writing in the form given below to the Marriage Officer of the District in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately proceeding the date on which such notice was given.

NOTICE

To,
Marriage Officer,
_______District________

We hereby give you notice that a marriage under the Special Marriage Act, 1954, is intended to be solemnized between us within three calendar months hereof.

Name:
Condition:
Occupation:
Age:
Dwelling:

Place of residence if present dwelling place not permanent.

AB

Unmarried/Widower/Divorced

Witness our hands this _____ day of ___ 200_


Signed AB Signed CD



PUBLICATION
The notice given is then published by affixing it in some conspicuous place in the office of the Marriage Officer, and before the expiration of thirty days from the date on which the notice was published any person can object to the marriage that it would contravene any of the conditions necessary for the marriage.

After the expiry of thirty days from the date on which the notice was published the marriage may be solemnized.

DECLARATION AND WITNESSES
Before the marriage is solemnized the parties and three witnesses shall sign a declaration in the form give below, and the declaration shall be counter signed by the Marriage Officer.

DECLARATION MADE BY THE BRIDEGROOM

i. I, _________hereby declare as follows;
ii. I am at the present unmarried (or a widower or a divorcee, as the case may be)
iii. I have completed _______ years of age.
iv. I am not related to ________(the bride) within the degrees of prohibited relationship.
v. I am aware that, if any statement in this declaration is false, and if in making such statement I either know or believe it to be false or do not believe it to true, I am liable to imprisonment and also to fine.

SIGNED__________
(BRIDEGROOM)

DECLARATION MADE BY THE BRIDE

i. I, _________hereby declare as follows;
ii. I am at the present unmarried (or a widower or a divorcee, as the case may be)
iii. I have completed_______years of age.
iv. I am not related to ________(the bridegroom) within the degrees of prohibited relationship.
v. I am aware that, if any statement in this declaration is false, and if in making such statement I either know or believe it to be false or do not believe it to true, I am liable to imprisonment and also to fine.

SIGNED__________
(BRIDE)

Signed in our presence by the aboveground ________ and __________ .So far as we are aware there is no lawful impediment to the marriage.

WITNESSES

SIGNED____

SIGNED____

SIGNED____

COUNTERSIGNED

MARRIAGE OFFICER
Dated:___day of ________200

PLACE AND FORM OF SOLEMNIZATION
The marriage may be solemnized at the office of the Marriage Officer or at such place within reasonable distance as the parties may desire upon payment of such additional fees as may be prescribed.

The marriage may be solemnized in a form, which the parties may choose to adopt.

However, no marriage is complete and binding unless each party says to the other in the presence of the Marriage Officer and the three witnesses in any language understood by the parties, I_______take thee________to be my lawful wife (or husband)


CERTIFICATE OF MARRIAGE
After the marriage has been solemnized the Marriage Officer shall enter a certificate in the Marriage Certificate Book and this shall be signed by the parties to the marriage and the three witnesses and this shall be conclusive evidence of the marriage.
REGISTRATION OF MARRIAGE CELEBRATED IN OTHER FORMS
Any marriage celebrated other than a marriage solemnized under the Special Marriage Act, 1872 or under the Special Marriage Act, 1954 may be registered under Chapter III of the Act by a Marriage Officer if the following conditions are fulfilled:
a ceremony of marriage has been performed between the parties and they have been living together as husband and wife ever since
neither party has at the time of registration more than one spouse living;
neither party is an idiot or a lunatic at the time of registration:
the parties have completed the age of twenty-one year at the time of registration;
the parties are not within the degrees of prohibited relationship:
the parties have been residing within the district of the Marriage Officer for a period of not less than thirty days immediately preceding the date on which the application is made to him for registration of the marriage.
PROCEDURE FOR REGISTRATION
Upon receipt of an application signed by both the parties to the marriage for the registration, the Marriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objection and after hearing any objection received within that period, shall, if satisfied that all the conditions are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the prescribed form and such certificate shall be signed by the parties to the marriage and by three witnesses.

CONSEQUENCES OF MARRIAGE UNDER THIS ACT
EFFECT OF MARRIAGE ON MEMBER OF UNDIVIDED FAMILY

Where any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jain religion marries a non-Hindu under this Act, he shall be severed from such family. However if two persons who are Hindus and get married under this Act no such severance takes place.

SUCCESSION TO PROPERTY OF PARTIES MARRIED UNDER THIS ACT

Notwithstanding anything contained in the Indian Succession Act, 1925 with respect to its application to members of certain communities, succession to the property of any person whose marriage is solemnized under this Act and to the property of the issue of such marriage shall be regulated by the provisions of the Indian Succession Act. However if two persons who are Hindus get married under this Act the above provision does not apply and they are governed by the Hindu Succession Act.
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Court Marriage Procedure in Chennai 1 month 3 weeks ago #125

Court Marriage Procedure in Chennai

Court marriage is solemnized under the Special Marriage Act. Court marriages many involve the holy union of two Indian citizens or one Indian citizen with a foreigner without regard to religion, caste or creed.

The procedure to be followed for a court marriage is as follows.

Engage a lawyer who would move a joint application for marriage before the marriage officer.

Along with this, individual affidavit specifying the age must be attested by notary public and submitted.

The court will put up a notice of 30 days seeking if there’s any objection.

If any objection is received, it must be investigated and resolved within 30 days.



After this, the documents of issuance of notice of intended marriage must be submitted to the Marriage Officer along with three witnesses.

For solemnizing the marriage, here is the clear list of the process’ steps:

The Marriage Registrar will receive the application/notice.

The notice will be affixed of the notice board outside the office.

A copy of the notice will be sent to the marriage officer of the other person’s jurisdiction and copies of the notice will be sent to the residential addresses of both the parties.

After the time period for receiving objections expires, the date of court marriage can be fixed (if there are no objections made).

On the decided date, both parties along with three witnesses are required to be present.



And finally, the marriage will be solemnized on that date.

In cases where the marriage takes place in venues like temples, gurudwara, arya samaj mandir, etc., then you can follow these steps.

Engage a lawyer to move a joint application for registration before the Marriage Registrar.

The already solemnized marriage must be registered under a specific marriage act.

Hindu Marriage Act is applicable if both husband and wife practice Hinduism, Buddhism, Jainism or Sikhism.



If one of them belongs to any of the above mentioned religions, then the marriage can be registered under Special Marriage Act.

Documents Required for solemnization of Court Marriage

5 copies of passport size color photographs of both bride and the groom
Date of birth proof of both parties (Photo copy of Matriculation Certificate or Birth Certificate only).
Address proof (Voter Card / Passport / Aadhar Card/ Ration Car / Driving License / Bank Passbook / Lease Deed /Rent Deed) of the marrying persons.
ID proof (Photo copy of D.L/Voter ID Card / Aadhar card / Passport / Pan Card/ etc).
(If any party is a divorcee), certified copy of Decree of Divorce granted by the Court.
(If any party is widow / widower), Death Certificate of the dead spouse.


(If any party is a foreign citizen or holds a foreign Passport or is having foreign residential address)- Certificate of Present Marital Status of the party/ No Impediment Certificate / NOC from the concerned Embassy and Valid VISA.
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Procedure for civil marriage in India 1 month 3 weeks ago #146

Normally the civil marriage procedure will be the same and it will take month time to complete register marriage in India including Tamilnadu.
There is no need to follow any special procedure for NRI's and OCI's marriage in India. Single status certificate will be required, If any one is foreign national .

When the NRI"s prefer to do their civil marriage in India they have to understand the procedure in India.
Please read this FAQ and understand the civil marriage procedure

1. There is any special procedure has to follow to complete NRI's and OCI's marriage in India?
Ans: Civil marriage procedure is one and the same for Indians and NRI's and OCI's in India

2.what is the minimum time frame required to complete NRI's and OCI's marriage in India?
Ans : if they not prefer any ceremony it will take minimum 30 days to complete registration process even if both are Hindu or same religioun and it will be registered under special marriage Act 1954.
Same time if they prefer small ceremony like exchanging garlanding or ring they can complete marriage registration on same day. (same day certificate is valid for all legal process including visa)
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Procedure for civil marriage in Chennai 1 month 3 weeks ago #147

Find the normal civil marriage procedure in Chennai

INTRODUCTION
Civil marriages are normally solemnized under the Special Marriage Act, 1954. Civil marriage can be performed between an Indian male and a female irrespective of their caste, religion or creed. It can also be solemnized between an Indian and a foreigner. The procedure of the Civil marriages does away with the rituals and ceremonies of the traditional marriages. The parties can directly apply to the Marriage Registrar for performance & registration of marriage and grant of marriage certificate.
ESSENTIAL CONDITIONS FOR CIVIL MARRIAGE
There should not be subsisting valid marriage of either of the parties with any other person.
The bridegroom should be of twenty-one (21) years and bride should be of eighteen (18) years of age.
The parties should not be of unsoundness of mind of such a nature as to be unable to give valid consent for the marriage, or suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and procreation of children, or has been subject to recurrent attacks of insanity.
The parties should not fall within the degree of prohibited relationship.
PROCEDURE OF MARRIAGE WHEN BOTH PARTIES ARE HINDUS
The parties have to file a Notice of Intended Marriage in the specified form to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given.
The notice is then published/put-up by the Registrar of Marriage inviting objections, if any.
After the expiration of 30 days from the date on which notice of intended marriage has been published, the marriage may be solemnized unless it has been objected by any person.
The marriage may be solemnized at the specified Marriage Office.
Both parties along with three witnesses are required to be present on the date of registration/Solemnization.

DOCUMENTS REQUIRED FOR COURT MARRIAGE
Application form in the prescribed format with the prescribed fee
Passport Size Photographs of Marrying Persons
Residential Proof of Marrying Persons.
Date of Birth Proof of Marrying Persons.
Residential Proof and PAN Card of Three Witnesses
Passport size photos
Death certificate or divorce decree whichever is applicable, in case one of the parties had any marriages in the past.
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