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Author Topic: Problems in registering marriage with a foreign national  (Read 1025 times)

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Offline mpbaby89

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Problems in registering marriage with a foreign national
« on: March 14, 2016, 03:52:12 AM »
I am an Indian Citizen(Christian), whose Permanent address is Kannur, Kerala and current address is Bangalore,Karnataka.I am planning to marry an US citizen(Christian) on July 2016. I want to register this marriage in India. When enquired I got to know that currently Kerala State Govt has some legal issues for issuing marriage certificate with a foreign national. Is this same issue exists in Karnataka?
Is it possible for me to register my marriage in Bangalore?
Is there any specific requirements to do the same.

Offline advshelly

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Re: Problems in registering marriage with a foreign national
« Reply #1 on: March 14, 2016, 07:49:54 AM »
if you are doing a job in Bangalore than yes showing your employment status you can marry in Bangalore.

you mentioned that Kerala has some issues regarding marrying a foreigner.

Well Kerala is a integral part of India. and the constitution guarantees you the right to marry whosoever Indian or foreigner, belonging to any caste or creed, as long as both are of marriageable age and do not fall under prohibited degree of relationship.

therefore the State of Kerala has no business stopping your right to marry, whoever gave you this bluff .... deal with him appropriately  ;)
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Offline rajgopal sripathi

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Re: Problems in registering marriage with a foreign national
« Reply #2 on: March 14, 2016, 10:52:07 AM »
Hi
There are no problems in registering a marriage with foreign national either in Kerala or in Karnataka.
the procedure for registering a marriage with foreign national is as follows:

Parties who do not wish to marry in a religious ceremony can instead opt for a civil ceremony pursuant to the Indian Special Marriage Act of 1954.

In case a marriage between an Indian and a foreign national is to take place in India, generally its required to file a notice of intended marriage with a Marriage Registrar of your choice in India. That notice is required to be published for the stipulated 30 days. At the end of the 30 days the Marriage Registrar is free to perform the marriage.

The notice of intended marriage can only be given in India, if at least one partner is permanently and the other partner temporarily resident in India.

If one partner is residing in a foreign country then the partner who is resident in India will have to fill out the “Marriage Notice”  collected from the Marriage Registration Office of his/her choice in India and send it to his/her partner in the foreign country who will also have to fill it out. This “Notice” should then be sent back to the partner in India who will have to re-submit it at the Marriage Registration Office. After the stipulated waiting period of 30 days the marriage can take place in India. Under the Special Marriage Act, 1954 a certificate showing the signatures of the persons married, the registrar and the witnesses will be issued. This Certificate is required as proof of the marriage and when applying for a visa to for a foreign country.

The following documents are required for both the partners:

1) a valid Passport
2) original Birth Certificate showing parents' names
3) if the person concerned is widowed, the original death certificate of the deceased spouse
4) If divorced, copy of the final decree
5) documentary evidence regarding stay in India of the parties for more than 30 days (ration card or report from the concerned SHO)
6) The American citizen who wishes to participate in a civil marriage ceremony may be required to present to the marriage officer a “no objection letter” from the U.S. Embassy or Consulate, as well as proof of termination of any previous marriages. Similarly, a citizen of another foreign country may be required to present to the marriage officer a “no objection letter” from the Embassy or Consulate of his country, as well as proof of termination of any previous marriages.

In a nutshell, under the Special Marriage Act, the parties generally are required to wait at least 30 days from the date of initial application to formalize the marriage so that the marriage officer can publish a newspaper ad allowing for the opportunity for any objections to the marriage to be voiced.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline mpbaby89

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Re: Problems in registering marriage with a foreign national
« Reply #3 on: March 15, 2016, 02:12:02 AM »
Thanks Guys!
I'm not a law expert. But the Office of the Sub Registrar, Cochin, Kerala told me that without a High Court order, marriage with a foreign national can't be registered right now. They also told that I cannot register this any where in India without a court order. I have friends and relatives who have married foreign nationals without much complications. Have no idea what happened suddenly.
<15-March-2016>

Offline rajgopal sripathi

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Re: Problems in registering marriage with a foreign national
« Reply #4 on: March 15, 2016, 07:22:44 AM »
Hi
The kerala high court verdict on 'Vinaya Nair v. Corporation of Kochi' case, is not related to you at all.
the sub-registrar might be quoting it for the sake of bribe. nothing else.
For your sake the judgement of Kerala high court in the above said judgement is as follows:

The Kerala High Court there has taken a broader view as far as 'domicile' part of parties is concerned. If both the parties are Hindu and marriage has taken place in India according to Hindu rites, the registrar should take a wider perspective of things. Registration cannot be denied on the grounds that the party is not domicile of India.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline mpbaby89

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Re: Problems in registering marriage with a foreign national
« Reply #5 on: March 16, 2016, 02:15:30 AM »
Hi,
 I have contacted all major Registrar Offices in Kerala and the responses were same.
From the info I got from them, Kerala State Government has issued a circular which prevents registering marriage with foreign nationals. Some office told that it is a temporary issue and will be back to normal after Assembly passes some bill and nobody knows when it's gonna happen.

Offline rajgopal sripathi

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Re: Problems in registering marriage with a foreign national
« Reply #6 on: March 16, 2016, 02:42:41 AM »
Hi
Check this link
http://mahirhaneef.blogspot.in/2015/06/read-full-judgment-here-no-ban-for.html

I dont know how Sub-registrar offices can say such a stupid statement which is violation of High court order.

you can still make a petition in high court asking the court to direct the sub-registrar to solemnize your marriage.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

 

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