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Hello, I am a U.S. citizen. My fiancée is an Indian citizen and has resided in Kolkata, West Bengal since 2019. We are planning to get married in Kolkata later this year. Her friend (after meeting with a local lawyer) says that a marriage between a foreigner and an Indian citizen cannot be registered in WB. Though no specific reason has been cited, this is the legal assessment on the ground in Kolkata. Is this assessment accurate? What are our legal options if we can’t register our marriage? Should I hire an Indian lawyer in advance? What can I do to make sure we are adequately prepared to register? As far as I can tell, my fiancée and I both fulfill all the requirements outlined for eligibility to marry under the Special Marriage Act, 1954. I plan on residing in Kolkata 30 days prior to registration. I appreciate any advice you can give us in this matter. Thanks I’m advance.
The assessment that a marriage between a foreigner and an Indian citizen cannot be registered in West Bengal is not accurate. The Special Marriage Act, 1954, which governs marriages between people of different religions or countries, is applicable in all states of India, including West Bengal. The only requirement for registering a marriage under the Special Marriage Act is that one of the parties must be an Indian citizen. You and your fiancée both fulfill this requirement, If you have any question related court marriage than you are free to contact us on our helpline number.