What You Need to Know About Marrying a Foreign National in Delhi NCR

Marriage is a significant and life-changing event, and for those looking to marry a foreign national, there are additional steps involved, especially in India. If you’re planning to marry a foreigner in Delhi NCR, whether you are an Indian national or a foreign national yourself, understanding the legal framework, necessary documents, and process is crucial to ensure your marriage is legally recognized both in India and abroad.

In this blog, we will guide you through the essential things you need to know about marrying a foreign national in Delhi NCR, with a special focus on the Special Marriage Act, 1954, which governs marriages between an Indian and a foreigner.

What is a Marriage with a Foreign National?

A marriage between an Indian citizen and a foreign national is governed by the Special Marriage Act, 1954. The Special Marriage Act was introduced to provide a secular way for Indian nationals and foreign nationals to marry without requiring either party to convert to the other’s religion. This act applies to any individual residing in India, regardless of nationality or religious background.

Unlike traditional Hindu or Islamic marriages, which follow specific religious rituals, a marriage under the Special Marriage Act is a civil contract performed by a marriage officer.

Steps Involved in Marrying a Foreign National in Delhi NCR

If you’re planning to marry a foreign national in Delhi NCR, here are the essential steps you need to follow:

1. Eligibility Criteria

Before you start the process, ensure that both parties meet the eligibility requirements:

• The bride must be at least 18 years old, and the groom must be at least 21 years old.
• Both parties should be mentally sound and capable of understanding the consequences of marriage.
• Neither party should have a living spouse (if previously married, proof of divorce or spouse’s death must be provided).
• Both parties must consent to the marriage voluntarily.

2. Notice of Intended Marriage

The first step is to file a Notice of Intended Marriage at the Marriage Registrar’s Office. This notice needs to be filed at least 30 days before the marriage takes place. The notice is then displayed at the office, and any person can raise objections within that period. The notice must include:

• Full names, ages, and addresses of both the bride and groom.
• Proof of nationality (passport, for the foreign national).
• Proof of age (birth certificates or school certificates).
• Address proof (utility bills, ration card, passport, etc.).
• Photographs of both parties.

For a foreigner, it is also required to submit:

• Passport as proof of nationality.
• Visa or residence permit if the foreigner is living in India.

3. Waiting Period (30 Days)

Once the notice is filed, it is displayed for 30 days at the marriage registrar’s office. During this time, if no objections are raised, the marriage can proceed. If objections are raised, the marriage officer will look into the matter and decide whether the marriage should be allowed to proceed.

4. Marriage Solemnization

After the 30-day notice period has passed, and if no objections have been raised, the couple can proceed with the solemnization of the marriage. This can take place at the office of the marriage registrar or any place designated by the officer.

On the marriage day, the bride and groom (along with two witnesses) will sign the marriage register, and the marriage officer will conduct a civil ceremony. After this, a marriage certificate is issued.

5. Marriage Certificate

Once the marriage is solemnized, you will be issued a marriage certificate. This certificate is the official proof of your marriage and is required for several legal procedures, such as applying for a visa, changing your name, or applying for inheritance rights.

Important Documents for Marrying a Foreign National

The documentation required for marrying a foreign national is slightly more extensive than for marriages between two Indian nationals. The documents typically required include:

1. Passport (for the foreign national).
2. Visa or residence permit (if the foreign national is residing in India).
3. Proof of age (birth certificate, passport, or any government-issued ID).
4. Address proof (for both the Indian and foreign national).
5. Photographs (recent passport-sized photos of both parties).
6. Divorce decree or death certificate (if previously married and divorced or widowed).
7. No Objection Certificate (NOC) from the foreign national’s embassy or consulate, stating that there are no legal barriers to the marriage.

Key Considerations When Marrying a Foreign National in Delhi NCR

1. Legal Jurisdiction: When you marry a foreign national in Delhi NCR, the marriage will be governed by Indian law. However, this marriage is recognized globally and can be used for visa applications, citizenship, and other legal matters in the foreign national’s home country.
2. Foreign Marital Status Verification: If the foreign national is divorced or widowed, they must provide appropriate legal documents such as a divorce decree or death certificate. Some countries may require a certificate of marital status to prove that the foreign national is free to marry.
3. Language Barriers: In cases where one of the parties does not speak the official language (Hindi or English), you may need a translator for the marriage ceremony and documentation. The Marriage Registrar may request the translator to help with the ceremony and translation of documents.
4. Legal Fees and Timeframe: The legal fees for marriage registration in Delhi NCR can vary, but it is generally an affordable process. The total process from filing the notice to receiving the marriage certificate can take around 30 to 60 days.

Benefits of Marrying a Foreign National in Delhi NCR

1. Legal Security: A marriage under the Special Marriage Act gives both parties equal legal rights in India. The marriage is recognized as valid by the government and the foreigner’s embassy, ensuring legal security.
2. Secures Visa and Immigration Benefits: If one party is a foreign national, marriage can provide the spouse with the right to apply for a dependent visa, which facilitates travel and residency in India.
3. No Religious Conversion Required: One of the major advantages of court marriages is that it does not require either party to convert to the other’s religion. This makes it an ideal choice for intercultural and interfaith marriages.

Why Choose Mahesh Dutt Shukla & Associates for Marrying a Foreign National in Delhi NCR?

At Mahesh Dutt Shukla & Associates, we specialize in assisting couples with the legal process of marrying a foreign national in Delhi NCR. Our experienced team of legal experts will guide you through the entire process, ensuring that you comply with all the necessary requirements, submit the correct documentation, and address any legal challenges that may arise. We help you navigate the complexities of marrying a foreign national in India, offering tailored legal solutions that best suit your needs.

If you’re looking to marry a foreign national in Delhi NCR, get in touch with Mahesh Dutt Shukla & Associates today. Our team is dedicated to making your marriage process smooth, hassle-free, and legally sound.