“Tying the knots Across Nations: Understanding the Legalities of Indian – Foreign Citizen Marriages”
In India, the laws governing the marriage of an Indian citizen to a foreign citizen primarily fall under the framework of the Special Marriage Act, 1951.
1.Special Marriage Act, 1954: –The Special Marriage Act is applicable to all citizens of India irrespective of their religion or faith. – It provides for a special form of marriage for people of India and all Indian nationals in foreign countries, irrespective of the country’s laws where either of them resides.
2. The Foreign Marriage Act, 1969 offers an alternative avenue for the marriage of an Indian citizen to a foreigner, supplementing the provisions of the Special Marriage Act. Enacted by the Indian parliament to address the distinct requirements of international marriages, this legislation requires at least one party to be an Indian citizen. The legal age for brides is eighteen and above, while for grooms, it is twenty-one and above, irrespective of the legal marriage age in the foreign party’s nation. This act can be utilised by Indian citizens engaging in marriages with foreigners or those getting married outside India, providing a legal framework for the formalisation of their union.
Documents required-
- Birth certificate
- Passport and Visa
- Address proof along with passport sized photo
- Single Status Affidavit
- No-objection certificate from the concerned embassy
- If previously married, divorce decree or death certificate of spouse.
3. Procedure for Marriage: – Both parties must give notice to the Marriage Officer of the district in which at least one of them has resided for at least 30 days prior to the date of the notice. – The notice is then published, allowing for objections to be raised. – If no objections are received, the marriage can be solemnised after the expiration of the 30-day notice period.
4. Conditions for Marriage: – Either party should not have a spouse living at the time of marriage. – Both parties should be of marriageable age (21 years for males and 18 years for females). – Both parties should be capable of giving valid consent, not suffering from mental disorders or unfit for marriage and procreation of children.
5. Validity Worldwide: – Marriages solemnised under the Special Marriage Act are considered valid worldwide.
6. No Religious Ceremony Required: – One notable aspect is that there is no requirement for any religious ceremonies. The marriage is a civil contract.
Done By: Reshma A, 5th year B.Com., LL.B(Hons.)
SRM University, Kattangulathur
For Origin Law Labs
