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Author Topic: Marrying a Foreign National  (Read 574 times)

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Offline spx

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Marrying a Foreign National
« on: March 24, 2016, 11:06:39 PM »
Sir,
  I am a 35 year old Indian citizen planning to marry a 37 year old Thai citizen. We both haven't had any marriages before. Her father is okay with the marriage, but my parents are strongly opposed to it. Currently, I am full-time Ph. d. student in India. She is living in her home town in Thailand. I have a few questions about us getting married under the Special Marriage Act.

1. Her documents such as age proof, address proof and proof of martial status are in Thai language. She can find English translators to translate to English, and get them notarized in Thailand. Will they be valid in India ?

2. I have been staying at a hostel in Mumbai for the last three years, but my hometown is in Tamil Nadu. Is it possible to register the marriage in Mumbai or Should I go to my home town to register it ?

3. As per my understanding, the Special Marriage Act requires minimum 30 day notification period. Is it necessary for her to live in India during that period ? Due to her current personal circumstances, she can't stay outside her home longer than a week.  Would it cause any problem if she leaves India during this period, and comes back after the notification period ?

(One question people do ask me, "Why do you want to marry now, when you don't have a job yourself ?" It is a valid question. I am about to finish my studies in the next three months and there is a potential job opportunity for me abroad. If that works out, I want to take her with me. Thats why we want to get married now.)

Thank you for your time and attention.

Offline adv.amarnath

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Re: Marrying a Foreign National
« Reply #1 on: March 25, 2016, 01:38:23 AM »
1. Her documents such as age proof, address proof and proof of martial status are in Thai language. She can find English translators to translate to English, and get them notarized in Thailand. Will they be valid in India ?
Yes, it will be valid

2. I have been staying at a hostel in Mumbai for the last three years, but my hometown is in Tamil Nadu. Is it possible to register the marriage in Mumbai or Should I go to my home town to register it ?
You have to register in your hometown. If your present address in mentioned voter identity card then you can register it in the said mentioned address

3. As per my understanding, the Special Marriage Act requires minimum 30 day notification period. Is it necessary for her to live in India during that period ? Due to her current personal circumstances, she can't stay outside her home longer than a week.  Would it cause any problem if she leaves India during this period, and comes back after the notification period ?
No, No

(One question people do ask me, "Why do you want to marry now, when you don't have a job yourself ?" It is a valid question. I am about to finish my studies in the next three months and there is a potential job opportunity for me abroad. If that works out, I want to take her with me. Thats why we want to get married now.)
This is an irrelevant question and absolutely your personal matter. But once you marry her, it is your duty to maintain her even you are unemployed now.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline advjaibansal

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Re: Marrying a Foreign National
« Reply #2 on: April 28, 2016, 05:08:14 AM »
Dear Sir,

Only one party of the marriage has to reside at the place of marriage for more than 30 days prior to the filing of the application and not both the parties. Yes, you can perform your marriage in Mumbai subject to the approval by the concerned marriage registrar. You can get all the documents translated but for marrying a foreign national in India, you need to obtain NOC from her concerned embassy. this is normal process and NOC is easily issued by the embassy on her application.


Regards,
Jai Bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
9868566649
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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