Marriage procedures in India —
for NRIs, OCIs and foreigners.

The two routes

1. Religious marriage ceremony.
In India, a religious marriage ceremony is considered a legal marriage. The form of the ceremony depends on the personal law applicable to the parties — Hindu, Muslim, Christian, Parsi, or another. The Hindu Marriage Act, the Muslim personal law, the Indian Christian Marriage Act, and the Parsi Marriage and Divorce Act each govern their own communities.

2. Civil marriage ceremony.
Parties who do not wish to marry in a religious ceremony can instead opt for a civil ceremony under the Special Marriage Act, 1954. This route is open to all citizens irrespective of religion, and is the standard route where the parties are of different religions or nationalities.

Registration — and why it matters

Registration of marriage is now a legal requirement in most states of India. Even where it is not compulsory, a formal marriage certificate from the Registrar of Marriages is ordinarily required for visa and immigration purposes.

The position under each statute is, in summary:

• Special Marriage Act, 1954. Registration is a requirement of the Act itself. The marriage is solemnised before a Marriage Officer, and the certificate is entered in the Marriage Certificate Book.
• Indian Christian Marriage Act, 1872. Registration is compulsory. The entry is made in the marriage register kept at the Church, soon after the ceremony, with the signatures of the bride and bridegroom.
• Parsi Marriage and Divorce Act, 1936. Registration is compulsory.
• Hindu Marriage Act, 1955. Registration is provided for, but non-registration does not invalidate the marriage under the Act. Registration is, however, required in most states and is ordinarily needed for visa purposes.

The Supreme Court of India has, in earlier directions, required the states and Union Territories to frame rules making registration of marriages compulsory. The practical position, therefore, is that a marriage certificate should be obtained in every case.

Religious marriage — the Hindu ceremony

The Hindu Marriage Act, 1955 applies to Hindus, Jains, Sikhs, and Buddhists. A religious marriage that has already been solemnised can be registered under the Act. The Act also applies where the parties have converted into any of these religions.

Two conditions apply to the marriage itself:

• Age. The bridegroom must be at least 21 years of age, and the bride at least 18 years of age.
• Prohibited relationship. The parties must not be within the degree of prohibited relationship.

The documents ordinarily required for registration of a marriage under the Hindu Marriage Act are:

• Application form duly signed by both husband and wife.
• Documentary evidence of date of birth of the parties (matriculation certificate, passport, or birth certificate).
• Ration card of the husband or wife whose SDM has been approached for the certificate.
• Affidavit by both parties stating the place and date of the marriage, the date of birth, the marital status at the time of marriage, and the nationality.
• Two passport-size photographs of each party, and one marriage photograph.
• Marriage invitation card, if available.
• Where the marriage was solemnised at a religious place, a certificate from the priest who solemnised the marriage.
• An affirmation that the parties are not related to each other within the prohibited degree of relationship — as per the Hindu Marriage Act or the Special Marriage Act, as the case may be.
• Attested copy of the divorce decree or order, in the case of a divorcee; and the death certificate of the spouse, in the case of a widow or widower.
• Where one of the parties belongs to a religion other than Hindu, Buddhist, Jain, or Sikh, a conversion certificate from the priest who solemnised the marriage.

All documents, other than the receipt, should be attested as per the requirements of the office concerned. Verification is carried out on the date of application, and a day is fixed and communicated to the parties for registration. On that day, both parties — along with a Gazetted Officer who attended their marriage — need to be present before the SDM. The marriage certificate is ordinarily issued on the same day, or within a few days.

Civil marriage — the Special Marriage Act

The Special Marriage Act, 1954 permits marriage between persons who are not of the same community, or who have different religions or nationalities. Its scope covers the entire territory of India and extends to intending spouses who are both Indian nationals living abroad.

The requirements are:

• Age. The groom must be at least 21 years old, and the bride at least 18 years of age.
• Capacity. Both parties must have full mental capacity, and neither must be currently married.
• Notice. The parties must give notice of their intention to solemnise the marriage before a Marriage Officer in the district where at least one of them has resided for at least 30 days prior to the notice.
• Publication and objections. The notice is entered in the Marriages Notice Book, which is open for public inspection. The public has the right to object to the marriage during the following 30 days. Any objection must be investigated and resolved within an additional 30 days.
• Declaration and witnesses. Before the solemnisation, the parties and three witnesses must sign a declaration in front of the Marriage Officer, who also signs the document.
• Form of solemnisation. The marriage may be solemnised in any form the parties wish to adopt, provided it takes place at the Marriage Officer's office or at a place the Marriage Officer sanctions. The marriage must include the exchange of the following statement: "I (name of self) take you (name of partner) to be my lawful (wife or husband)."
• Certificate. After the solemnisation, the Marriage Officer enters the certificate in the Marriage Certificate Book. The parties and the three witnesses sign the certificate. The entry in the book is conclusive evidence of a lawful marriage.

Where one partner is residing in a foreign country, the partner resident in India fills out the Marriage Notice obtained from the Marriage Registration Office of their choice and sends it to the partner abroad, who also fills it out. The Notice is then returned to the partner in India, who re-submits it at the Marriage Registration Office. After the 30-day waiting period, the marriage can take place in India.

Documents required for a civil marriage

Both partners are ordinarily required to provide:

• A valid passport.
• Original birth certificate showing the parents' names.
• Where the person is widowed, the original death certificate of the deceased spouse.
• Where divorced, a copy of the final decree.
• Documentary evidence regarding stay in India of the parties for more than 30 days (ration card, or a report from the concerned SHO).

Where one of the parties is a foreign national — a citizen of the United States, the United Kingdom, Canada, or another country — the Marriage Officer may additionally require:

• A "no objection letter" from the Embassy or Consulate of that country.
• Proof of termination of any previous marriages.

Under the Special Marriage Act, the parties are generally required to wait at least 30 days from the date of the initial application before the marriage can be formalised. This gives the Marriage Officer time to publish the notice and to allow objections to be raised.

Personal laws — a brief map

India is a land of many cultures and religions, and each citizen is entitled to their own personal law in matters of marriage and divorce. The principal statutes are:

• Hindu Marriage Act, 1955 — applicable to Hindus, Sikhs, Jains, and Buddhists. The bridegroom should be 21 years, the bride 18 years, and the parties should not be within the prohibited degree of relationship. Divorce can be obtained on the grounds set out in the Act.
• Muslim personal law — under which Nikah, or marriage, is a contract. It may be permanent or temporary. A man may marry up to four wives, provided he treats all of them equally.
• Indian Christian Marriage Act, 1872 — governing marriage for Indian Christians.
• Parsi Marriage and Divorce Act, 1939 — governing marriage and divorce for Parsis.
• Special Marriage Act, 1954 — governing civil marriage for all citizens, irrespective of religion.

Where the delay usually occurs

In our experience with marriage matters involving NRIs and foreign nationals, the stages that most often cause delay are these:

• The 30-day notice period. The Special Marriage Act requires a notice to be published and 30 days to be allowed for objections. If the parties are not aware of this at the outset, the marriage cannot take place as early as they expect.
• The "no objection letter". Where one party is a foreign national, the embassy or consulate may take some days to issue the letter. The application should be made early.
• Documentation of prior marital status. A divorce decree or death certificate that has not been obtained, or that has not been attested or apostilled as required, is the most common cause of a stalled application.
• Attestation of documents. Documents executed abroad may need to be authenticated by the Indian consulate or apostilled. This should be arranged before the parties travel to India.
• Residency evidence. Where the Special Marriage Act applies, evidence of at least 30 days' residence in India for one of the parties is required. Proof of residence — a ration card, or a report from the concerned SHO — should be arranged in advance.

How Kavao Law can assist

We advise NRIs, OCIs, and foreign nationals on marriage procedures in India. Our work typically includes:

• Advising on the appropriate route — religious ceremony under the applicable personal law, or civil marriage under the Special Marriage Act.
• Advising on eligibility, on the conditions of the marriage under the applicable statute, and on any prior-marriage issues.
• Assisting with the preparation and attestation of the documents required — including the no objection letter, the birth certificate, the divorce decree, and the proof of residence.
• Coordinating with the Marriage Officer and the Registrar of Marriages, and attending to the filing of the notice of intended marriage.
• Advising on the publication of the notice and on the handling of any objections that may be raised.
• Assisting with the registration of a marriage that has been solemnised under the Hindu Marriage Act or another personal law.
• Advising on the recognition of an Indian marriage certificate abroad, and on the documents required for visa and immigration purposes.

For more on this service, see our Matrimonial & Divorce Law practice-area page and our OCI & Overseas Citizenship practice-area page.

A closing note

The information in this article is general in nature and is intended to give NRIs, OCIs, and foreign nationals a clearer sense of how marriage procedures in India work. Every marriage depends on its own facts — the personal law applicable to the parties, the nationality of each party, and the state in which the marriage is to be registered.

A marriage that is properly solemnised, properly registered, and properly documented will serve the parties well for decades. A marriage that is not may cause difficulties in visa applications, in immigration, and in the recognition of the marriage abroad. Where the circumstances are complex, seek case-specific advice before the ceremony.