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Author Topic: Special Marriage act procedure for an American national  (Read 700 times)

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Offline greenduv

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Special Marriage act procedure for an American national
« on: May 07, 2016, 10:09:13 AM »
Hi
I am an Indian and my fiancée is an American. I have read the procedure of the special marriage act but I want to know specifically about something which I haven't found anywhere written clearly. Is it necessary or compulsory to stay in India for 30 days for the foreign national? 

Thank you.

Offline adv.amarnath

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Re: Special Marriage act procedure for an American national
« Reply #1 on: May 08, 2016, 03:41:19 AM »
No, it is not necessary
Regards,

Amarnath Sanyal
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Offline advjaibansal

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Re: Special Marriage act procedure for an American national
« Reply #2 on: May 08, 2016, 05:01:10 AM »
Dear Sir,

Only one party to the marriage has to reside in the local jurisdiction of the concerned registrar of marriage 30 days prior to the filing of the application. Your american finance has to obtain no objection certificate from the american embassy for solemnisation of marriage. This NOC is will be issued from the american embassy.

regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline greenduv

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Re: Special Marriage act procedure for an American national
« Reply #3 on: May 08, 2016, 06:21:52 AM »
Thank you very much for the reply and the information.

I have a few more questions.

1. Can I apply and fill the form by myself only or does it need my fiancée's signature in that form also?

2. After 30 days period how long do I get to get married (90 days?)?

 3. Besides NOC what documents would be required for my fiancée?


Thank you in advance.

Offline advjaibansal

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Re: Special Marriage act procedure for an American national
« Reply #4 on: May 08, 2016, 06:30:49 AM »
Dear Sir,

you need to put the signature of your fiancé on the application for solemnisation of marriage. You may also need to make her appear at the time of filing of the application. Some registrar office do exempt one part at the time of filing of the application, that you have to find out from the concerned registrar office.

Apart from NOC, you need residence prof, id proof, age proof, photographs passport size, affidavits and application for marriage (form). All the documents has to be attested from the gazetted officer.

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

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Re: Special Marriage act procedure for an American national
« Reply #5 on: May 08, 2016, 06:38:14 AM »
Thank you very much for the information.

Offline rajgopal sripathi

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Re: Special Marriage act procedure for an American national
« Reply #6 on: May 09, 2016, 07:50:10 AM »
Procedure to marry a foreigner under special marriage act of 1954:

1) Visit the office of the marriage registrar in your residential locality : Fill up the Intent to marry Notice form (both of you need to sign).Documents required: Passport, Birth certificate, your address proof, Martial status. If any one of the spouse is divorced then the divorce decree along with the judgement copy has to be submitted.  If the divorce decree is in any other language other then English get it translated and attested by your counsulate/embassy. Passport size photographs are also to be pasted on this notice. All the documents has to be photocopied at the time of submission, photocopies has to be notarized.  You have to pay a nominal sum as fees for which a receipt is given.
One of the spouses can personally visit the office of the marriage registrar. the person residing overseas need not be present at this time.

2) Then after two weeks  visit the Marriage Registars office for the actual date of marriage. At this time have all your original documents ready so that the Marriage Registar himself can verify. After verification of the documents the registar will give a date for the marriage.  The date of marriage will be stamped on the back of the receipt. You can also say that you will show all the original documents on the day of the marriage.  You can choose your date of marriage minimum one month from the date of submission of the form to maximum three months.
One of the spouses can personally visit the office of the marriage registrar. It is preferred to have the other person visiting the sub-registrar office in case the sub-registrar has any doubts. the presence of the other person is not mandatory, but is a good option to be present.

3)For the marriage itself you have to have three witnesses. All witness should have their passport size photographs ( 3 copies) along with proof of residence.  You should also carry 3 nos of passport size photographs.  The marriage itself is solemnized in front of the marriage registar where in the  husband and wife has to take the oath. 

The marriage certificate will be issued only after 15 days. One of the spouse can collect the certificate

The marriage certificate will have your photographs.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline advjaibansal

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Re: Special Marriage act procedure for an American national
« Reply #7 on: May 10, 2016, 10:59:53 PM »
Please do not forget that you also need NOC from the concerned embassy in case of foreign national.

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

Offline adv.amarnath

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Re: Special Marriage act procedure for an American national
« Reply #8 on: May 15, 2016, 05:45:43 AM »
1. Can I apply and fill the form by myself only or does it need my fiancée's signature in that form also?
Ans: Yes, both signature is required

2. After 30 days period how long do I get to get married (90 days?)?
Ans: No, within 60 days you have to complete the registration procedure before the marriage registrar. Completion of registration means marriage has been solemnized. Further social marriage is not compulsory. You can do social marriage on the same day.


Regards,

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

Offline advjaibansal

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Re: Special Marriage act procedure for an American national
« Reply #9 on: May 16, 2016, 10:59:35 PM »
Dear Sir,

You cannot perform a social marriage as she is american and not hindu. Either go for special marriage act or foreign marriage act. If hindu marriage act then your would be wife has to convert to Hindu for performing social marriage as per hindu rites and ceremonies.

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

 

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