Can I leave India during Special Marriage Act waiting period?

Hello, I am a non-Indian of Indian origin, and my partner is Indian. We are both Hindus and have planned our wedding in 12 months. However, for visa reasons, we wish to get legally married in court now. We don't want to perform any Hindu rituals yet, just register the marriage. Under the Special Marriage Act, we understand that the process takes 30–40 days. Is it okay if I leave India during this period, or do I need to be physically present throughout?

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Advocate By LEAD INDIA Answered: 24 Apr 2025

Yes, under the Special Marriage Act, you can register your marriage in India. One of you must stay in India for 30 days before notice. After that, both must be present on the marriage date. You may leave India during the notice period, but must return to sign the final registration papers. For further legal assistance contact us on our helpline number.
 

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