Is this true?....Court marriage in Delhi without waiting period?

NityaKlinna · Sep 23rd, 2009, 23:18

Hi All,

I have received lots of helpful information from this forum. I am new, and I hope I can also offer what little I know.

My question is if someone can confirm this for me:

Is there a marriage court in Delhi where non-residents of Delhi can get married without having to submit the 30-day notice?

I am a foreigner about to marry an Indian citizen, with hopes to live in my country after marriage, and my country's immigration law says that we must conduct the wedding in his country.

Gratefully awaiting for your reply ^_^

Nick-H · Sep 23rd, 2009, 23:53

Under the "Special Marriage Act", one person must have been resident in the district for 30 days, and you must give 30 days notice.

I believe that, if you are registering a Hindu marriage, there is no 30-day notice period, but, of course, you must have had a Hindu marriage.

Plenty of marriage threads here on the site: please check them out!

curtdfw · Sep 24th, 2009, 02:26

Quote:

Originally Posted by Nick-H

Under the "Special Marriage Act", one person must have been resident in the district for 30 days, and you must give 30 days notice.

The above was the process my Indian wife & I followed when we married in Delhi in 2007.

NityaKlinna · Sep 25th, 2009, 14:21

Thank you for your replies.

Can anyone tell me about the marriage room at Tis Hazari Court? It seems that it is where eloped Indian couples go for love marriage.

I read about the marriage in a book called The Intimate State: Love Marriage and the Law In Delhi on Google Book. Not the whole book, just some pages.
Seems like lawyers and touts there can go around the resident and waiting period policy....

Anyone with actual experience there?

NityaKlinna · Sep 25th, 2009, 14:23

by the way... how to apply for the residency?

edwardseco · Sep 25th, 2009, 15:22

Quote:

Seems like lawyers and touts there can go around the resident and waiting period policy....

Happens, I never asked how my potential inlaws managed that..

Nick-H · Sep 25th, 2009, 18:03

Quote:

Originally Posted by NityaKlinna

Thank you for your replies.

Can anyone tell me about the marriage room at Tis Hazari Court? It seems that it is where eloped Indian couples go for love marriage.

I read about the marriage in a book called The Intimate State: Love Marriage and the Law In Delhi on Google Book. Not the whole book, just some pages.
Seems like lawyers and touts there can go around the resident and waiting period policy....

Anyone with actual experience there?

I think there are some story-book misconceptions about marriage in India, eloped couples and all.

Many Indian marriages are never registered, although the law is now that they should be. Consider, even children are still married in India: there is nowhere to do that legally. Many young couples exchange garlands, with or without a priest, in a temple, and consider themselves married.

Whatever these people do may be fine if the whole life is intended to be in some village; if you, as a foreigner, want to marry, legally here, just observe the process as described in many of Indian-mariage threads.

NityaKlinna · Sep 25th, 2009, 18:37

Thanks, Nicki, CURTDFW and edwardseco!

I have gotten lots of information from the other threads so far...the notes are piling up.

Do you know about Arya Samaj marriage certificate?

My embassy says the marriage certificate doesn't need to be registered, but must be apostilled by the MEA.

Now, MEA website says the certificate has to be attested by his Home Department before they apostille.

Does that mean he has to do this in his hometown, or can we do it it Delhi?

He is from the South, and we would like to have everything done in Delhi and avoid the train ride.

Nick-H · Sep 25th, 2009, 18:51

Why don't you start from the very beginning, and tell us what you need to know, and in what way your case differs from the other threads? I don't feel any focus to your enquiries; we need it!

Why have you got Delhi in your head? You can get married anywhere.

What is his religion; what is yours? Do you want a religious marriage? He is Indian citizen? What is your home country?

Arya Samaj is a Hindu religious organisation with many purposes, you can look them up on the internet. They get mentioned in connection with weddings because they are prepared to convert non-Hindus, and marry them according to their ceremony. Their marriages are accepted under Indian law.

NityaKlinna · Sep 25th, 2009, 21:05

Nick,
You are right about my scatterness.
I'm looking into both Court Registered marriage and Hindu marriage, hoping to find a easier way.

He is Hindu, an Indian citizen; I am Chinese. We have our heart set on the Arya Samaj Hindu wedding.

We chose Delhi because that's where my embassy is, and there's a direct flight from my country to Delhi.

We'd like to know if MEA will apostille the Arya Samaj marriage certificate if it hasn't been registered?
And if there's a way to have it attested by the Home Department in Delhi?

If you need more information from me, please let me know, I will provide.

Really, thank you for taking the time to help me.

Nick-H · Sep 25th, 2009, 22:57

I am not the specialist on Hindu marriage; I've attended a few, but my own marriage was under the Special Marriage Act.

However: You will only have one marriage, and that will be the ceremony that you have with Arya Samaj. They should then give you papers that you have become a Hindu (and are therefore eligible to marry under Hindu marriage Act), and that the two of you have undergone a marriage according to the Hindu Marriage Act. You will then take your papers to a registrar, who will register your marriage. You should do that.

Different countries then have different requirements. For my UK, the Indian marriage certificate was enough, I didn't need any of this apostile thing, so I can't comment further.

This is my general advice. Please note: I have not done this sort of marriage.

One other thing I would advise you. The different Indian marriage acts have different rights, different causes for divorce, etc. As with all contracts, the wordings only matter if and when things go wrong, but you should be aware of what you are "signing up" to --- for your own sake.

So far as the marriage and the registration is concerned, you ought to be able to rely on the Indian partner to sort out the procedures and requirements. What your government requires can be your job. If your fiance is not doing this, give him a kick and tell him to get on with it

Sep 23rd, 2009, 23:18	#1
NityaKlinna Member Join Date: Sep 2009 Location: Asia Posts: 5	Is this true?....Court marriage in Delhi without waiting period? Hi All, I have received lots of helpful information from this forum. I am new, and I hope I can also offer what little I know. My question is if someone can confirm this for me: Is there a marriage court in Delhi where non-residents of Delhi can get married without having to submit the 30-day notice? I am a foreigner about to marry an Indian citizen, with hopes to live in my country after marriage, and my country's immigration law says that we must conduct the wedding in his country. Gratefully awaiting for your reply ^_^

Sep 25th, 2009, 14:21	#4
NityaKlinna Member Join Date: Sep 2009 Location: Asia Posts: 5	Tis Hazari Courts Thank you for your replies. Can anyone tell me about the marriage room at Tis Hazari Court? It seems that it is where eloped Indian couples go for love marriage. I read about the marriage in a book called The Intimate State: Love Marriage and the Law In Delhi on Google Book. Not the whole book, just some pages. Seems like lawyers and touts there can go around the resident and waiting period policy.... Anyone with actual experience there?

Sep 25th, 2009, 14:23	#5
NityaKlinna Member Join Date: Sep 2009 Location: Asia Posts: 5	Residency by the way... how to apply for the residency?

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Sep 23rd, 2009, 23:53	#2
Nick-H This is just a cameo appearance Join Date: Oct 2004 Location: Chennai, India Posts: 36,225	Under the "Special Marriage Act", one person must have been resident in the district for 30 days, and you must give 30 days notice. I believe that, if you are registering a Hindu marriage, there is no 30-day notice period, but, of course, you must have had a Hindu marriage. Plenty of marriage threads here on the site: please check them out!

Sep 25th, 2009, 18:37	#8
NityaKlinna Member Join Date: Sep 2009 Location: Asia Posts: 5	Thanks, Nicki, CURTDFW and edwardseco! I have gotten lots of information from the other threads so far...the notes are piling up. Do you know about Arya Samaj marriage certificate? My embassy says the marriage certificate doesn't need to be registered, but must be apostilled by the MEA. Now, MEA website says the certificate has to be attested by his Home Department before they apostille. Does that mean he has to do this in his hometown, or can we do it it Delhi? He is from the South, and we would like to have everything done in Delhi and avoid the train ride.

Sep 25th, 2009, 18:51	#9
Nick-H This is just a cameo appearance Join Date: Oct 2004 Location: Chennai, India Posts: 36,225	Why don't you start from the very beginning, and tell us what you need to know, and in what way your case differs from the other threads? I don't feel any focus to your enquiries; we need it! Why have you got Delhi in your head? You can get married anywhere. What is his religion; what is yours? Do you want a religious marriage? He is Indian citizen? What is your home country? Arya Samaj is a Hindu religious organisation with many purposes, you can look them up on the internet. They get mentioned in connection with weddings because they are prepared to convert non-Hindus, and marry them according to their ceremony. Their marriages are accepted under Indian law.

Sep 25th, 2009, 21:05	#10
NityaKlinna Member Join Date: Sep 2009 Location: Asia Posts: 5	Nick, You are right about my scatterness. I'm looking into both Court Registered marriage and Hindu marriage, hoping to find a easier way. He is Hindu, an Indian citizen; I am Chinese. We have our heart set on the Arya Samaj Hindu wedding. We chose Delhi because that's where my embassy is, and there's a direct flight from my country to Delhi. We'd like to know if MEA will apostille the Arya Samaj marriage certificate if it hasn't been registered? And if there's a way to have it attested by the Home Department in Delhi? If you need more information from me, please let me know, I will provide. Really, thank you for taking the time to help me.

Sep 25th, 2009, 22:57	#11
Nick-H This is just a cameo appearance Join Date: Oct 2004 Location: Chennai, India Posts: 36,225	I am not the specialist on Hindu marriage; I've attended a few, but my own marriage was under the Special Marriage Act. However: You will only have one marriage, and that will be the ceremony that you have with Arya Samaj. They should then give you papers that you have become a Hindu (and are therefore eligible to marry under Hindu marriage Act), and that the two of you have undergone a marriage according to the Hindu Marriage Act. You will then take your papers to a registrar, who will register your marriage. You should do that. Different countries then have different requirements. For my UK, the Indian marriage certificate was enough, I didn't need any of this apostile thing, so I can't comment further. This is my general advice. Please note: I have not done this sort of marriage. One other thing I would advise you. The different Indian marriage acts have different rights, different causes for divorce, etc. As with all contracts, the wordings only matter if and when things go wrong, but you should be aware of what you are "signing up" to --- for your own sake. So far as the marriage and the registration is concerned, you ought to be able to rely on the Indian partner to sort out the procedures and requirements. What your government requires can be your job. If your fiance is not doing this, give him a kick and tell him to get on with it