SukhDukh.comSukhDukh.com
 bringing people together; sharing joys and sorrows
SukhDukh.com

You are not logged in.






#1 06-11-2009 17:14:06

barbara77, crawley, United Kingdom
New member

hi i need help regarding my marriage.

Hi i am an Italian and my boyfriend is indian(hindu). We are going to get marry in india where his parents live. I want to how long i need to stay there for my marriage. I mean for the registration of marriage.i have only 3 weeks holiday. Is it enough or i need more time. Which documents we need for marry under special marriage act 1954. If i marry him on hindu way in a marriage hall can i register under special marriage act1954. We don't have time for give 30 day notice.can we still marry under this act.
                                                                                                                                        many thanks

Offline

 

#2 16-11-2009 19:08:59

chikooshake, Chennai, India
New member

Re: hi i need help regarding my marriage.

Hindu marriage you don't register under Special Marriage Act, you will register under Hindu Marriage Act.
That's the best way if you don't have much time,have a temple ceremony, then register your marriage in court.

Special Marriage Act requires a 30-day notice period, (in Goa it's 10days)but your fiance can submit the application for you, before you come.
Then when you come to India, the date of court marriage is set, you get everything in one-day: your marriage and registration of marriage.

Here's the guide lines for both marriage
or you can check
http://india.gov.in/howdo/howdoi.php?service=3
for procedures in each state

Good luck to you! I am also going through the same thing!!

Guidelines for marriage and registration of marriage
A marriage which has already been solemnised can be registered either under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954.
The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs or where they have converted into any of these religions.
Where either of the husband or wife or both are not Hindus, Buddhists, Jains or Sikhs the marriage is registered under the Special Marriage Act, 1954.
Further, marriage can be solemnised between any two persons (often when they are of different religion or nations) under the provisions of the Special Marriage Act, 1954

For Registration of Marriages which have already been solemnized, following documents are required:
. Application form duly signed by both husband and wife.
. Documentary evidence of date of birth of parties (Matriculation Certificate / Passport / Birth Certificate). Minimum age of both parties is 21 years for male and 18 years for female, at the time of registration under the Special Marriage Act / Hindu Marriage Act.
. Ration card of husband or wife, at least one should be resident of Delhi for 30 days.
. address proof
. Affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality.
. Two passport size photographs of both the parties and one marriage photograph.
. Marriage invitation card, if available.
. If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage.
. Rs. 100/- in case of Hindu Marriage Act and Rs.150/- in case of Special Marriage Act to be deposited and the receipt should be attached with the application form.
. Affirmation that the parties are not related to each other within the prohibited degree of relationship as per Hindu Marriage Act or Special Marriage Act as the case may be. For details of such relationships please read below at end.
. Attested copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.
. In case one of the parties belong to other than Hindu, Budhist, Jain and Sikh religions, a conversion certificate from the priest who solemnized the marriage (in case of Hindu Marriage Act).
All documents excluding receipt should be attested by a Gazetted Officer.


Documents required for marriage (Court marriage) under Special Marriage Act:
. Application form / Notice duly filled and signed by the bride and the groom.
. Fee of Rs.150/-  and the receipt should be attached with the form.
. Documentary evidence of date of birth of both parties (Matriculation Certificate/ Passport/ Birth Certificate).
. Documentary evidence regarding stay in Delhi of one of the parties for more than 30 days (ration card or report from the concerned SHO, Police Station).
. Separate affidavits from bride and groom giving:
. Date of birth.
. Present marital status: unmarried/widower/ divorcee.
. Affirmation that the parties are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act (See at end to know the meaning of prohibited relationship).
. Passport size photographs of both parties (2 copies each) duly attested by a Gazetted Officer.
. Copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.
. In case of a foreign national, a certificate from the concerned Embassy regarding his / her present status.
. Some countries insist for proof of proceeding of civil marriage & marriageablity certificate of Indian fiancee before granting visa to a foreign national to visit / stay in India for marriage.
. Foreign national who intent to stay in India for long time after marriage should know before marriage about grant of citizenship of India and about profession / tax liability.
(It is reported by many couples that without a lawyer, marriage solemnisation is a difficult task)


Process:
For registration under Hindu Marriage Act
Verification of all the documents is carried out on the date of application and a day is fixed and communicated to the parties for registration.
On the said day, both parties, along with witness should attend office of marriage officer.
The Certificate of Marriage is issued on the same day.


Special Marriage Act
For solemnization of marriage (Court marriage), presence of both parties is required after submission of documents of issuance of notice of intended marriage.
A copy of the notice is pasted on the office notice board by the Marriage Officer.
Any person may within 30 days of issue of notice , file objection to the intended marriages. In such a case, the Marriage Officer shall not solemnise the marriage (between 9.30 to 1 pm) until he has decided the objection, within 30 days of its receipt. If the Marriage Officer refuses to solemnise the marriage, any of the parties may file an appeal within 30 days to the District Court.
In case no objection is received, the Marriage Officer solemnises the marriage after 30 days of the notice.
Both parties along with 3 witnesses are required to be present on the date of solemnisation of marriage.
It is advisable to submit names of witnesses atleast one day in advance

For registration under Special Marriage Act :
Both parties are required to be present after submission of documents for issuance of public notice inviting objections. One copy of notice is pasted on the notice board of the office and copy of the notice is sent to both parties. Registration is done 30 days after the date of notice after deciding any objection that may have been received during that period by the Marriage Officer. Both parties alongwith three witnesses are required to be present on the date of registration.

Offline

 


Recent Posts in Indian Weddings
Most Popular Posts at Sukh Dukh
AddThis Feed Button RSS Feed



Board footer

Sukh-Dukh Chaupal | Miscellaneous | Gadgets | Cars & Bikes | Food & Drinks | Beauty & Fashion | Health & Fitness | Weddings | Love & Relationship | Home Decoration | Just Women | Hotels in India | India Travel | Travelling Abroad | Baby Care | Toddlers & Kids | Parenting Teenager | Mom & Dad | Jobs & Career | Education in India | Higher Education | Study Abroad | NRI's World | Homeland | Hollywood | Bollywood | Books | Music | Sports | Jokes & Humour | Bangalore Forum | Chennai Forum | Delhi Forum | Hyderabad Forum | Kolkata Forum | Mumbai Forum
About Us | Contact Us | Privacy Policy | Disclaimer
©2006-08 SukhDukh.com. All rights reserved.