Indian citizen marrying a German girl

#1 Oct 24th, 2011, 07:34
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  • Girish123 is offline
#1
Hello All,

I am a resident of India working in the US. My girlfriend is a German and working in Germany.
We decided to get married and hence will be getting married in MP, India by following the rituals of the Christian Marriage Act. Hence we would be having the Christian marriage certificate etc after our marriage.
We are planning to apply for my family reunion visa in Germany and from all what we have read so far, they(German Consulate) will require a certificate from the Indian govt for this marriage.
I have couple of questions on this:
Can we get the Christian marriage registered with the government as is without serving the 30 days notice under the special marriage act?
1. Is there a mandatory requirement for both of us to be present in India for all the 30 days of notice?
2. Can one of us like me, give the notice and both of us could sign for the marriage after completion of 30 days?
3. Is there a specific category of lawyers that deal with such registrations?
I am having sleepless nights on these questions as this is something that is not my area of expertise. I would dearly appreciate any response that throws some light on my case.

Thanks
Girish
#2 Oct 24th, 2011, 11:42
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  • narendra.d is offline
#2
30 days notice applies ONLY to marriage under the SMA, not to others. So get married under the Christian act and register immediately.

1. No
2. Yes
3. Not necessary. Can be done as well or better/cheaper without a lawyer.
#3 Oct 24th, 2011, 12:05
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  • nycank is offline
#3
Registering a marriage (SMA or otherwise) is a state government function. Check with your district, or church. Make them work and sweat the details.
#4 Oct 24th, 2011, 17:34
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  • federica is offline
#4
Quote:
Originally Posted by Girish123 View Post We are planning to apply for my family reunion visa in Germany
Girish, are you aware that for this family reunion you need to have basic knowledge of German nowadays? It's just something to consider.
#5 Oct 25th, 2011, 09:49
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#5
Thanks Narendra for the prompt response.I am willing to marry under the christian marriage act only.
However my question was about registering the christian marriage with registrar.
I have read that even just registering the christian marriage will require me to give the notice of 30 days to the registrar.
That would mean that I would have to again follow the same process of the SMA anyaways to get the govt marriage certificate from registrar.
#6 Oct 25th, 2011, 09:50
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#6
Hi Federica,
yes I am aware and have started learning german too.Thanks for your reminder though .
#7 Oct 25th, 2011, 10:00
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  • narendra.d is offline
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Quote:
Originally Posted by Girish123 View Post I have read that even just registering the christian marriage will require me to give the notice of 30 days to the registrar.
That would mean that I would have to again follow the same process of the SMA anyaways to get the govt marriage certificate from registrar.
I am not too conversant with the Christian marriage act, so don't know about it in particular, but AFAIK none of the marriage acts other than SMA have the 30 day requirement.

Hopefully someone more conversant will chip in.
#8 Oct 25th, 2011, 10:24
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  • nycank is offline
#8
Quote:
Originally Posted by Girish123 View Post Thanks Narendra for the prompt response.I am willing to marry under the christian marriage act only.
However my question was about registering the christian marriage with registrar.
I have read that even just registering the christian marriage will require me to give the notice of 30 days to the registrar.
That would mean that I would have to again follow the same process of the SMA anyaways to get the govt marriage certificate from registrar.
Did you read my response ? You will have to specifically get clarification from the church in the taluka/district of Madhya Pradesh. What is good for Kerela, is not for Mumbai, and I am sure will be different for MP.

Do you, or your family in MP not know the clergy of the parish you intend to get married ? Call him - By law, he has to advise couples to get registered, so he will have specific details that none of us; non residents of Madhya Pradesh would have a clue about.

You are getting married in the Church (a religious ceremony) te Marriage Act only guides judges in matters of legal dispute. The registration, and certificate are a civic,state procedural rule.
#9 Dec 27th, 2011, 22:05
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#9
Thanks nycank,narendra.d,federica for your responses.
Just wanted to share the updates I had after researching more with the Indore Collector , about how this is dealt with.Hope this would help someone like me looking for accurate answers to this tricky questions.

First and Foremost any catholic marriage is non existent for the government ,what that means is even If I am married as per the christian marriage act I still would have to follow the same process that is followed in Special Marriage act in India to get this marriage registered.
So government does not care if I am married religiously or not,If I am married just the form of documents that are needed as a proof change.

The other thing is that for getting married by Special Marriage act or registering my existing Catholic wedding , I would need an NOC from the German Embassy in India for my spouse.

This is tricky since German Embassy in India will only give this NOC for marriage when My girlfriend gets a Certificate of Marriageability from Germany before she arrives in India.
And getting this Certificate of Marriageability is where I am now.
So if anyone has got any experience in what documents are required from my side for getting this certificate ,that would be great.
FYI to get this certificate both my girlfriend and I have to submit documents to the German Registrar in Germany.
#10 Jan 19th, 2013, 17:52
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  • rajender mehta is offline
#10

want to marry with a german girl

heello,
i am indian boy want to marry with my gf she is a german currently i am in india and she is in germany currently she is pursuing a hotel mangement course from there .... she is coming to meet me this year mid on may for 15 days we are planning for marriage please suggest good ways of marriage so that we can live together ...

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