How soon can I apply for the 'No record of marriage' form?

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#1 May 6th, 2009, 10:47
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#1
Hi, I'm an Australian citizen and my fiance is an Indian citizen. We want to marry in India later this year. I have already found answers to most of my questions on this website but I have two questions I still need help with.

Firstly, I'd like to know how soon before the marriage I can apply for the 'No record of marriage' form. I was hoping I could apply for it now while I'm still In Australia even though our marriage may not take place till 3 or 4 months later. I realise some countries may have strict laws about this and I may have to wait till it's closer to our marriage date such as 1 month before.

Secondly, this may sound like a crazy question but is New Delhi the only place in India where we can marry if we want to be married in a registry office? We will be marrying under the Special Marriage Act since I'm a Christian and my partner is a Hindu. I was hoping we could marry in a registry office in Kerala.

I look forward to hearing from anyone who can help me with these two questions.
#2 May 6th, 2009, 12:07
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You can marry anywhere in India. there is no such restriction in place. It need not be delhi it can be any other town village/city etc. The only thing is you need to take prior appointment from concerned registrat which i guess takes about 40 days.
#3 May 6th, 2009, 12:17
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Thanks for your help
#4 May 6th, 2009, 14:22
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One of the parties should be resident in the area for thirty days before giving notice of the wedding.

You cannot just walk into a register office and marry, or even give the necessary notice, which itself is thirty days.

Suggest that you search this site for terms like marriage, register office, special marriage act --- you'll find a wealth of information, and I hope it will be useful to you
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#5 May 6th, 2009, 16:55
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Thanks Nick for your advice. I really appreciate it. I've found a lot of useful information on this website but I'm still having troubles trying to find an answer to my first question. I haven't found any other posts in regards to how soon before a marriage in India can a person apply for the 'No record of marriage' form. I'd like to apply for it before I leave Australia so it's one less thing I have to do in India. I don't want to apply for it yet though in case it's too soon and I waste my money, only to find I have to apply for it again closer to the marriage date.

I've looked at the website www.india.embassy.gov.au where it says I may need to bring a letter certifying my marital status. I rang up RBDM (Registry of Births, Deaths & Marriages) here in Brisbane, Australia and they said they can provide me with a 'No Record of Marriage' form. However, they suggested I shouldn't apply for it yet because it may be too soon before the marriage as I mentioned before. They suggested I contact the country (India) directly so I emailed the Australian High Commission in New Delhi as I was advised to do on the website www.india.embassy.gov.au if I had further enquiries. I sent the email a week ago and haven't received a reply as yet.

I'm beginning to think there may not be one simple answer for this. It may be a case of different registry offices in different parts of India have different rules about the documents they need and how soon people can apply for them before the marriage. If I can't find an answer soon I'll probably apply for the document before I leave Australia anyway even though I risk wasting my money.
#6 May 6th, 2009, 17:44
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Hi Nick. Thanks for your advice. I greatly appreciate it. I've tried to post a reply to you twice before this and I think I must be doing something wrong since I'm new. Each time I tried to submit the posts I was brought to a screen where it said I had to log in again even though I was already logged in. When I logged in there was a message that said my post had to be checked by an administrator first. I wasn't sure if this is normal when you post a reply. I don't know if you'll receive my previous posts which were more in depth. I don't want to write too much now in case I can't submit this one either and waste my time again.
#7 May 6th, 2009, 21:08
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Not getting an answer from the Indian Embassy is not a surprise, and I wouldn't hold my breath waiting for it.

You could also check to see if it's a big deal to get one from the Australian HC in India, who might answer the phones. I married an Indian woman in '07, and getting an NOC from the US Embassy in Delhi took all of 10 minutes. They had a form letter already prepared, and simply stamped it with the current date.
#8 May 6th, 2009, 23:18
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Jayana, your posts seem to have got through.

Suggest you tick "remember me" (unless you are logging in from a public, eg internet cafe, machine) as sometimes there are time-out problems.

Some posts from some new members sometimes get held up for moderation.

I think you may have had the two problems together here.

My rather expensive document from a UK solicitor, by the way, was waived away by our registrar, who said that my stating I was not married was good enough for her. You should have something ready, though.
#9 May 7th, 2009, 10:36
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#9

Authentication & Apostille Stamps

Thanks Curt & Nick for your help. I'll apply for the 'No record of marriage' form before I leave Australia so I have something ready like you said Nick, even though I risk wasting my money like you did on your expensive document from a solicitor. Better to be safe than sorry.

It also said on the website www.india.embassy.gov.au that I may need a 'No impediment certificate' which is provided by the Australian High Commission for a fee of AUD90 payable in Indian currency. I guess that is something I can only apply for when I'm in India. The 'No record of marriage' form and the 'No impediment certificate' both seem like very similar documents to me so I can't imagine I'll need both but who knows.

I'm also curious to know if anyone has had to have their required documents stamped with either an authentication stamp or an apostille stamp. This may be a case again where it depends on the registry office and the part of India where the registry office is.
#10 May 7th, 2009, 17:00
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We were married in Delhi (Saket), and the only authentication involved a few notarized documents, though we later had our marriage certificate apostilled as part of the documentation for my wife's US visa.
Last edited by curtdfw; May 8th, 2009 at 00:20.. Reason: typo
#11 May 8th, 2009, 00:12
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Quote:
Originally Posted by Jayana View Post Firstly, I'd like to know how soon before the marriage I can apply for the 'No record of marriage' form. <snip> I realise some countries may have strict laws about this.
Hi Jayana, as people on here have not heard of a law being enforced about this, it's fairly safe to assume that it either doesn't exist or that it isn't widely applied.

I suspect that with this, as with many issues like this in India, it's what the official thinks on the day that will count; sorry if that sounds unhelpful but unfortunately these things aren't always possible to predict in advance, and while some things seem to be set in stone uncertainty and variance in detail of procedures seems to be the norm in Indian bureaucracy.
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#12 May 8th, 2009, 00:19
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I recall no 'within-nn-days requirement when we were married in 2007. We probably presented it within about 60 days of issuance. I'm with Haylo that it's mostly the whim of the official that counts, but so long as it's presented within a few months of issue I have to think it'll work...
#13 May 8th, 2009, 00:33
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Me too, and if they do make a fuss, off to go to an advocate and make an affidavit that you have not married since the date of the certificate!
#14 May 8th, 2009, 05:24
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Thanks Curt, Haylo & Nick for your postings. I tend to agree with you too that it mainly depends on what the official thinks on the day. The only real certainty I guess is uncertainty!
#15 May 9th, 2009, 15:17
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#15
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Originally Posted by Jayana View Post The only real certainty I guess is uncertainty!
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