Marriage Reg in India - is 30 day prior notice period mandatory?

#1 Nov 17th, 2009, 10:54
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  • Pavan Ongole is offline
#1
Hello,

I am an Indian citizen and my fiance is US citizen and we live in UK currently (2009). We intend to register our marriage in India. Is it mandatory that either me or my fiance must have lived in India 30 days prior to application/notice of marriage registration? Obviously neither of us does and this seems to be the only bottle neck based on my research.

My research:

Explored seemingly next to impossible ways in UK & US after lawyer consultations in each country. I have consulted a lawyer and my home town registrar in India (Andhra Pradesh, Nellore). Lawyer wants to help me out for a fee and can get anything(!) done which I don't want as it would only complicate our mobility (visas, immigration etc) later on. Hometown registrar wants to help me as much as possible but is not sure if one thing is right over the other as he has not done such registration earlier.

30 days before notice and 30 days post notice would make it a 60 day period mandatory in India to complete registration. Though it is still lesser duration than total process time in UK & US in our case, its still a long period to spend on vacation

Found this forum repeatedly with people who went through similar experiences and actively helping out newbies like me. I would be really grateful to hear any advice on above question.
#2 Nov 17th, 2009, 11:56
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  • Nick-H is offline
#2
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I am an Indian citizen and my fiance is US citizen and we live in UK
Why on earth do you want to register your marriage in India, then?

The restrictions of which you speak apply to marriage under Special Marriage Act. It differs for acts covering marriage under different religions.

Quote:
I would be really grateful to hear any advice on above question.
Get married (legally; for religious ceremonies you can do whatever you want wherever you want) in the country you live in/want to live in.

(I married an Indian in India: we wanted to live in India)
#3 Nov 17th, 2009, 12:53
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Thanks very much Nick.

Like I mentioned above, US & UK make it more difficult for us. For UK, as both of us are not citizens we have a much lengthy process involving lots of certificates I have to produce including those about my earlier 7 year stay in Japan. As for US, in her state of Oregon I have again certificates and procedures taking longer than India.

Only India proved easier as its my birth country and she has to produce only passport, NoC from embassy and a letter from parents, of course this 60 period stay is proving to be a killer.

Now if the 30 day stay prior to notice is also mandatory I guess I will have to pick better of the evils
#4 Nov 17th, 2009, 15:39
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Oh, things must have got tougher. I know that one's UK visa type must allow marriage, so that would apply to both of you (if she needs a visa). I didn't know that much more paperwork was necessary.

Are you both Hindu? It is, I believe, easier to marry and register the marriage under the Hindu Marriage Act.
#5 Nov 18th, 2009, 07:04
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#5
No, I am a Christian and she does not have a religion. She is Japanese by ethnicity.

I had a call with our town registrar and he says

1. since where I am registering is my home town (my dads residence) and my place of birth (as on birth certificate) he does not need me to stay a 30 period prior notice to prove that I come under that jurisdiction

2. After post notice 30 day period wait, although the process is considered lapsed if we don't register our marriage in 2 months i.e. in total, 3 months from the day we give notice, we can request for extension under special circumstances and he can grant one. Therefore we can visit India again in 6 months and register our marriage.

Now, both of these help me tremendously and logically prove right as the registrar is the officer in charge to interpret implementation of Special Marriage Act. But I am not sure if it would be seen a "typical" Indian sub-chalta-hai or anything-goes attitude or much worse corruption when we try to register/report our marriage in US or use marriage certificate in future.

Weird situation where I can't believe lawyers and officers in charge as am not sure what would other governments think

Thank you for responding though and I wanted to share my experience on this forum so that it may help anyone else like it helped me going through the forum to clarify 30 day prior notice and that people even did spend 60 days in India to complete registrations.

Cheers,
Pavan
#6 Nov 18th, 2009, 07:11
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Sounds like you have a reasonable and straightforward registrar. Go for it!

Remember that you'll need the no-objection document: no idea about that for Japanese citizens: do let us know, so others can learn from it.

Once you have your marriage certificate, you need not worry about what other governments think! Except that some might require some sort of registration; UK, to the best of my knowledge (and I am British) does not.

Wishing you both happiness!
#7 Nov 18th, 2009, 07:24
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I agree with Nick. Given the registered marriage it will be legally acceptable in the US. Change in immigration status is about all you would need it for besides periodic company benefits checks..
#8 Jan 10th, 2010, 05:39
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#8

Closure

Wanted to post a closure for this thread as we are married now and we did it in California, US as we figured it was so easy to get married in USA.

I only had to show my passport while getting a marriage license and within the week we were there got a marriage certificate too. Now we are figuring out how to "report" this in her other country - Japan and mine - India. I assume it should be a fairly easy process.

To summarize, for a Indian citizen and US citizen living in UK we found out that getting married in US is the easiest and fastest way.

Hope this helps.

Cheers,
Pavan
#9 Jan 10th, 2010, 13:57
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#9
Glad you got everything sorted out, and congratulations

I have no idea about Japan, but I do not think you need to do anything at all about reporting your marriage in India. My opinion is that India simply recognises the USA marriage.
#10 Jan 10th, 2010, 21:39
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Originally Posted by Nick-H View Post My opinion is that India simply recognises the USA marriage.
Yes, she does.
#11 Jan 10th, 2010, 21:53
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#11
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Originally Posted by Pavan Ongole View Post Now we are figuring out how to "report" this in her other country - Japan and mine - India. I assume it should be a fairly easy process.
I had to do this for a purchase in India, & wanted my American husband to have joint ownership. I had no problem w/ our marriage certificate being accepted in India. I got several certified copies from the county office, and then for a few of them I even had them notarized, figured what the hell. You might want to do the same. If you're still in the U.S. they should be able to do it right there at City Hall where you go pick up your copies.
#12 Jan 10th, 2010, 22:01
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#12
One thing you can (should?) do on the Indian side is to have your wife's name added in the "spouse" field in your passport.
#13 Jan 10th, 2010, 22:11
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#13
You could have, as well, done this marriage in India, in your hometown first and then applied for a certificate with the Registrar, with your parents and relatives as witnesses, the very next day -- eliminating the 30day period.

Quote:
Wanted to post a closure for this thread as we are married now and we did it in California, US as we figured it was so easy to get married in USA.
It would have been even faster getting married in a Las Vegas Drive Thru.

Quote:
Now we are figuring out how to "report" this in her other country - Japan and mine - India.
Your marriage certificate is a valid document for all United Nations countries'.

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