Are You Planning To Perform An Nri Marriage? Everything You Need To Know

Introduction

Do you live in foreign and wish to perform court marriage or marriage registration in India? Or are you confused about procedural requirement of India. Are you not aware of types of documents and physical presence required to perform NRI marriage?

In India there is a specific provision to perform NRI marriage. Special Marriage Act, 1954 provides a legal basis of NRI marriage. In this guide you will understand the process, documentation, eligibility and legal conditions in accordance to NRI marriage which ensures the smooth and stress free marriage.

Which law applies to NRI Marriage - Hindu Marriage Act or Special Marriage Act?

NRI marriage has a legal validity in India, if it is performed and registered under Indian law by following the prescribed legal procedures. The law applicable to NRI marriage is dependent on religion of both the couples and the nature of marriage. Mainly, the NRI marriage is governed by both Hindu Marriage Act, 1955 or Special Marriage Act, 1954.

Hindu Marriage Act, 1955

• The marriage is performed when both the parties are Hindu by religion (Buddhist, Sikh or Jain).

• The marriage is solemnized in India by following the Hindu rituals and ceremonies.

• After solemnization of marriage it is mandatory to follow the registration process which is required for official purpose.

Special Marriage Act, 1954

• The marriage is performed if the parties belong to different caste and religion, basically it is ideal to perform civil marriage without following any rituals and ceremonies.

• This is applicable to irrespective of religion or nationality.

• This marriage is fully recognized by Government authorities, Indian courts, embassies and foreign nationals.

• This marriage is more preferable as it give strong legal validity to Visa, Immigration and OCI purposes.

What conditions are required to perform NRI marriage?

There are certain conditions under Indian law which needs to be fulfil at the time of performing NRI marriage. These condition are mentioned under Section 4 of Special Marriage Act, 1954 and Section 5 of Hindu Marriage Act, 1955.

1. Legal age of Marriage: Both the partners must have attained the legal age to get married that is 18 years for women and 21 years for boys.

2. Marital Status: As Bigamy is strictly prohibited under criminal law and is punishable offence, so both the partners must not have living spouse at the time of marriage.

3. Free and Valid Consent: The marriage should be performed by mutual consent and the consent should not be obtained by the means of fraud or force.

4. Mental Capacity: Both the parties must be matured enough to understand the nature of marriage. If either partner is found to be insane, the marriage will not be considered valid under Indian law.

5. Prohibited Relationship: Both the partners should not be closely related by blood, means the parties must not fall under prohibited degree of relationship unless it is permitted by their customs.

What documents are required for NRI marriage?

1. Mandatory Documents for Both Bride and Groom (NRI)

• Proof of Identity: Valid Passport (mandatory), Copy of visa / OCI / PIO card (as applicable)

• Proof of Date of Birth: Passport, Birth Certificate or School Leaving Certificate

• Proof of Address: Overseas address proof (foreign driving licence, utility bill, residence permit), Indian address proof (if available) such as Aadhaar, voter ID, rent agreement

• Passport Size Photographs: Recent 8 passport-size photographs for each parties.

2. Marital Status Proof (Very Important for NRIs)

• If Never Married: Bachelorhood / Single Status Certificate issued by Local authority of the foreign country, Indian Embassy / Consulate

• If Divorced: Certified copy of Divorce Decree. Decree should be final and legally valid

• If Widowed: Death Certificate of the former spouse

3. Additional Documents Under Special Marriage Act, 1954

1. Notice of Intended Marriage

2. Proof of 30 days’ residence in the concerned district (at least one party)

3. Affidavit stating Date of birth, Marital status, Nationality and No prohibited relationship

4. Three witnesses, each with proof of identity and residence, passport-size photographs

4. Documents for Foreign National (If One Party Is Not Indian)

• No Objection Certificate (NOC) from concerned embassy

• Certificate of legal capacity to marry

• Valid visa and passport

• Residential status proof

Important Practical Note for NRIs - All foreign documents may require to be Apostille and documents not in English may need certified translation.

What is a legal process to perform NRI Marriage?

Step 1: Notice of Intended Marriage

The first and foremost step of registering marriage is acquiring notice regarding intention of registering marriage. Any one party has to send a written notice which is mandatory as per section 5 of Special Marriage Act to the marriage registrar, showing the intention of the parties to marry each other 30 days prior to marriage.

Which registrar office should you visit? You can visit the office in the area where the marriage was solemnized, or where either spouse has resided at least 30 days.

Step 2: Publishing of Notice

The notice which is sent to the marriage registrar shall be published by the officer by affixing it to a place in his office which is clearly visible while retaining the original copy in his notice book.

Step 3: Objection to Marriage

Section 7 of the Special Marriage Act mentions that any person who has an objection to the marriage so intended to be registered can raise objection within 30 days from the date of publication of the notice.

Step 4: Declaration by Parties and Witnesses

If there is no objection, then the procedure moves further and then both the parties has to be physically present at the time of registration along with the required witnesses who declares that the parties are marrying each other with free consent. The declaration form has to be signed in the presence of the marriage registrar.

Step 6: Procedure for Marriage Certificate

Once the solemnization of the marriage takes place according to the laws of Court Marriage, the registrar enters the details of the marriage, in the marriage certificate according to the Schedule IV of the Special Marriage Act.

Step 7: Issuance of Marriage Certificate

The marriage certificate is issued under Section 13 of the Special Marriage Act by registrar within 15 – 30 days from the date of verification.

Can NRI marriage be done through power of attorney? 

No, NRI marriage cannot be performed through Power of Attorney, it is mandatory for both the parties to be physically present at the time of registration process.

How long does an NRI need to stay in India for marriage? 

The NRI must stay in India for marriage for at least 30 to 45 days to perform court marriage.

How long does the NRI marriage process take?

The duration of time of NRI marriage under Special Marriage Act, 1954 is generally 30 – 45 days, starting from notice of intended marriage, but there can be more delay in the process due to arose of objection during notice period.

Furthermore, it is approximately 7 – 10 days under Hindu Marriage Act, 1955. 

What fee is required to perform NRI marriage?

The total fee required to perform NRI marriage may vary according to the state rules but the required government fee is minimal.

The government fee required under Special Marriage Act, 1954 is Rs. 500 – Rs. 1000, and under Hindu Marriage Act, 1955 is Rs. 100 – Rs. 500.

• Additional charges may include:

• Professional / Legal Assistance

• Document Attestation & Apostille

• Translation Charges

• Affidavit & Notary Charges

• Travel & Stay Costs

How Lead India can help you?

1. Expert Legal Consultation: We assist you with the accurate marriage law, legal impact, timelines, and jurisdiction. We assure you that your NRI marriage is legally valid and secured for lifetime.

2. Time-Efficient Planning for NRIs: We plan each step strategically to complete the marriage process smoothly within your travel schedule.

3. Marriage Certificate & Post-Marriage Support: We ensure timely issuance of the marriage certificate and assist with visa, passport, OCI, and other post-marriage legal formalities.

4. Transparent & Ethical Legal Services: We provide clear fees, honest advice, and legally compliant solutions, ensuring a stress-free and trustworthy NRI marriage experience.