Answer By law4u team
Yes, a foreign citizen can marry in India under Indian laws, provided they comply with certain legal requirements and procedures. The legal framework for such marriages includes various provisions depending on the type of marriage (religious or civil) and the nationality of the parties involved.
1. Legal Framework for Foreign Citizens Marrying in India:
Special Marriage Act, 1954: The Special Marriage Act is the primary law under which marriages between a foreign citizen and an Indian citizen or between two foreign citizens can be solemnized in India. It applies to all Indian nationals and foreigners, regardless of religion, allowing for civil marriage.
Hindu Marriage Act, 1955: If the foreign citizen is of Hindu, Buddhist, Sikh, or Jain religion, the Hindu Marriage Act may also apply, provided they meet certain conditions. However, this law does not apply to Muslims, Christians, Jews, or other non-Hindu foreigners.
2. Requirements for Marrying Under the Special Marriage Act:
Eligibility Criteria:
- Both parties must be at least 21 years old (for males) and 18 years old (for females).
- Both individuals must be unmarried at the time of marriage (not married to someone else).
- If either party is divorced, they need to provide a divorce certificate.
- If either party is widowed, they need to provide the death certificate of their previous spouse.
Notification: Before the marriage is solemnized, a notice of intended marriage must be given by both parties to the Marriage Registrar of the district where one of the parties has been residing for at least 30 days. This notice must be displayed for 30 days, allowing time for objections to be raised.
Marriage Registration: After the notice period, and if no objections are raised, the marriage can be solemnized before the Marriage Registrar. The marriage will be registered, and the couple will receive a marriage certificate.
3. Procedure for Foreign Citizens:
Visa Requirement: The foreign citizen must have a valid visa for the purpose of marriage in India. A tourist visa is generally not sufficient for this purpose, and a marriage visa may be required in some cases.
Proof of Nationality: The foreign citizen must provide proof of nationality (such as a passport) and a valid visa. Additionally, the foreign citizen may need to provide an affidavit stating that they are not married and are eligible to marry under the laws of their home country.
Witnesses: Two witnesses, who are preferably Indian citizens, must be present during the marriage ceremony. Their identity and addresses will be recorded as part of the marriage registration process.
4. Religious Marriages:
If the foreign citizen follows a particular religion and wishes to marry according to religious customs in India (e.g., Hindu, Muslim, Christian), they must follow the respective personal laws. However, these marriages may not be officially recognized unless they are registered under the Special Marriage Act. For example, a Hindu foreigner marrying a Hindu Indian citizen can do so under the Hindu Marriage Act, but it would be advisable to register the marriage under the Special Marriage Act for broader recognition.
5. Consular Assistance:
If the foreign citizen is unable to stay in India for an extended period, they can seek assistance from their country’s consulate or embassy in India for the marriage process. They may require a No Objection Certificate (NOC) or an affidavit confirming their marital status, which is often required by the registrar.
6. Recognition of Foreign Marriages in India:
If a foreign citizen marries in India under the Special Marriage Act or a religious ceremony and the marriage is registered, the marriage is recognized under Indian law.
If the marriage takes place abroad, the foreign marriage may still be recognized in India, provided it is in accordance with the laws of the foreign country and the marriage is duly registered.
7. Example:
Example 1: A U.S. citizen and an Indian citizen wish to marry in India. They follow the procedure under the Special Marriage Act by submitting a notice to the Marriage Registrar, undergoing the 30-day notice period, and getting married with two witnesses present. The marriage is then registered, and they receive a marriage certificate recognized under Indian law.
Example 2: A foreigner wishing to marry an Indian under religious customs (e.g., Hindu rites) may marry according to Hindu law, but to ensure the marriage is legally recognized by the Indian government, they are advised to register the marriage under the Special Marriage Act.
8. Conclusion:
Foreign citizens can marry in India, and they have legal options under the Special Marriage Act or relevant personal laws if they follow the required procedures. Marrying under the Special Marriage Act is the most common route as it is a civil contract recognized by the Indian state, ensuring legal rights and obligations are clear and enforceable. All foreign nationals wishing to marry in India must ensure they meet the legal and procedural requirements, including providing proof of identity, eligibility, and residence, and registering the marriage with the appropriate authorities.
