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PEACE is a site that provides the common man legal knowledge about various legal scenarios, in India. The information has been simplified for the common man to understand.
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Marriage Between Foreign Nationals and Indian Citizens: Legal Checklist
Marriage between a foreigner and an Indian citizen is legally allowed in India but comes with specific procedures and documentation. This guide outlines everything you need to know.
1. Choose the Right Law: Special Marriage Act vs. Personal Law
Foreign nationals can marry Indian citizens under the Special Marriage Act (1954), which is secular. Some opt for religious or personal laws, but these often require conversion or specific conditions.
2. Notice Period and Residency
The Special Marriage Act requires a 30-day notice and at least one party must have resided at the marriage office jurisdiction for 30 days prior.
3. Required Documents
- Valid passport and visa
- Proof of residence
- Birth certificate or affidavit of date of birth
- Proof of marital status (single, divorced, etc.)
- No objection certificate from the embassy (sometimes requested)
4. Apostille and Translation
Foreign documents must be apostilled or legalized and translated into English if in another language.
5. Court Marriage and Registration
Marriage under the Special Marriage Act is registered after the 30-day notice. Both parties must be present along with witnesses.
6. Common Issues and Delays
Also read: How to File a Complaint or Get Legal Help in India
Full rights guide: Legal Guide for Foreign Nationals in India
Rental protections: Renting a Home in India as a Foreigner