Marriage under the Special Marriage Act (British female , Indian Male)

#1 Mar 26th, 2011, 22:38
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  • LailaLove is offline
#1
Hello there (and As salaam alaykum!)


I have made sure that I have read a lot of information regarding this topic online before coming to all of you about it- so If you could help me clarify a few things I would be incredibly grateful.

I am a British Citizen and I live in Scotland but the man who I intend to marry is Indian.
Of course at a later time (a year after we marry) I will apply for a PIO card.
But right now we are concentrating on the marriage itself and how to go about doing it. The waiting period and the money needed for the PIO is not an issue.

So these are my questions:

I know that at least one of the partners must be resident in India for at least 30 days before going to a marriage officer to notify him of the intent of marriage. My question is - Can my partner fulfill this obligation of the 30 days since he is already an Indian resident?
Like, I don't need to be in India more than 30 days as well do I? Rather I can arrive a few days before hand to make an appearance with him in front of the marriage officer?

Secondly ,after the second set of 30 days waiting period -When I would be in India as well(after we have spoken to the marriage officer to make sure there are no objections) if there are no objections in regards to the marriage intentions can we just go ahead and marry legally?

And then would our certificates come in approx 3 to 4 weeks?


Also what documents would I need to take to India with me for this?
Birth certificate?
Passport( obviously)

anything else in particular that I may need to acquire?

Thank you very much for your time =)
I would really appreciate your input~
#2 Mar 26th, 2011, 22:50
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  • narendra.d is offline
#2
Quote:
Originally Posted by LailaLove View Post Can my partner fulfill this obligation of the 30 days since he is already an Indian resident?
Yes, The Indian partner alone can apply. Needs to apply in the area that he is normally a resident of, or was if he is currently a non resident.

Quote:
Like, I don't need to be in India more than 30 days as well do I?
NO

Quote:
Secondly ,after the second set of 30 days waiting period -
There is no Second waiting period. Only One. You apply, wait for 30 days to enable others to file objections. If none is received, you get married. The marriage is solemnised by the registrar in his office.

Quote:
And then would our certificates come in approx 3 to 4 weeks?
Yes

Quote:
anything else in particular that I may need to acquire?
Sometimes a document indicating that you are single might be asked. This is normally issued by your country's consulate as a general letter saying they don't have an objection to your marriage.
#3 Mar 27th, 2011, 05:12
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  • curtdfw is offline
#3
Quote:
Originally Posted by LailaLove View Post And then would our certificates come in approx 3 to 4 weeks?


Also what documents would I need to take to India with me for this?
Birth certificate?
Passport( obviously)

anything else in particular that I may need to acquire?
We got our certificate within 30 minutes of the ceremony (such as it was -- hint: don't dress for a wedding). We also got six extra certified copies for a nominal fee, which have come in very handy for my PIO and various other exercises in officialdom.

As noted, you'll need a No Objection Certificate from your govt. or embassy -- I got mine in 10 minutes at the US Embassy in Delhi. I've heard the UK charges for it, but am not certain -- in any case try to obtain it before you arrive in India; it'll likely be easier.
“She was not quite what you would call refined. She was not quite what you would call unrefined. She was the kind of person that keeps a parrot.” – Mark Twain
#4 Mar 27th, 2011, 09:00
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  • Nick-H is offline
#4
Quote:
I know that at least one of the partners must be resident in India for at least 30 days before going to a marriage officer
No, not "resident in India," but resident in the jurisdiction of the registrar that marries you. Important distinction!

Remember that the Special Marriage Act is not about Indians marrying foreigners: it is about people of mixed or no religion (or those wanting a non-religious ceremony) getting married. By coincidence, that sometimes covers Indians marrying foreigners. Indians are marrying foreigners everyday, and often under the act that covers their shared religion.

We got our certificates, I think, in about three days.
Quote:
hint: don't dress for a wedding).
Imagine being married by a cattle auctioneer who doesn't even stop auctioning cattle while [s]he marries you. Utterly unromantic
#5 Mar 28th, 2011, 02:05
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#5
Thanks for your answers...I was just wondering - With the Certificate of No Impediment ..Do I need to get it with an Apostill or..

This is the only thing that is frustrating me. I feel like I want to cry - I don't understand these things at all. Sigh.
#6 Mar 28th, 2011, 03:36
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  • curtdfw is offline
#6
Quote:
Originally Posted by LailaLove View Post Thanks for your answers...I was just wondering - With the Certificate of No Impediment ..Do I need to get it with an Apostill or..
Mine was an obvious photocopy with an embassy rubber stamp on it - not so much as an original signature. No issues.
#7 Mar 28th, 2011, 04:11
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#7
(Sorry to be a pain I must sound like an idiot - not confident with traveling or with documents ~.~)

So , Do I just go to the British...Embassy? And ask for a CNI...fill in a form ...wait for them to process it and then is that all that needs to be done?


Now if only the British kid can find the British Embassy...... >.<!!!!
#8 Mar 28th, 2011, 04:38
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  • curtdfw is offline
#8
I gather you're still in Scotland, and it looks like you can get it here:

http://www.fco.gov.uk/en/travel-and-...NI-nulla-ostas

It's one less thing to have to deal with once you hit India.

I'm NOT certain if the document is time sensitive (say, it needs to be less than six months old or whatever), so if you find they'll issue one promptly, get it within the last few months prior to heading to India.
#9 Mar 28th, 2011, 05:14
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  • Poisonspy is offline
#9
Narendra.d is right...you file and then wait... and also that curtdfw is right...you will have to wait for just few more moments to receive the order sheet of the registrar...or in simple language the marriage certificate. Certified true copies are a nice idea as later on you need to get them certified...
#10 Mar 28th, 2011, 07:00
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#10
It has a three month validity period - I know that much.
And yep still in Scotland.
I suppose I would get one in late April or May ( I'm hoping to travel in June)
Thank you for the link - I will check it out properly when I'm more awake and ready to think.
=)
#11 Mar 28th, 2011, 12:45
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#11
I never did the formal nulla nosta (?) thing; actually I did not even know about it. I swore a statutory declaration (like an affidavit but more so!) in London. It cost me GBP40. The registrar said, "If you tell me you are free to marry, that's good enough for me."

But, if she had been picky, and I hadn't had anything, it could have caused a big disruption, so I talked myself out of thinking I'd wasted my money.
#12 Apr 6th, 2011, 23:49
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  • topnshastri is offline
#12
you can get married in arya samaj mandir because they provide registered marriahge certificate which is legal and valid for visa and citizenship issue
visit bwww.aryasamajdelhi.com or www.aryasamajgurgaon.com for arya samaj online
#13 Apr 9th, 2011, 04:15
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#13
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Originally Posted by topnshastri View Post you can get married in arya samaj mandir because they provide registered marriahge certificate which is legal and valid for visa and citizenship issue
visit bwww.aryasamajdelhi.com or www.aryasamajgurgaon.com for arya samaj online
It is a good idea to marry in arya samaj mandir.
Yes you marry according to any law and in India, the Indian law recognize them. You dont even need any certificate to prove that you are married. But still cause arise when one require certificate to prove the authenticity of the fact that one is married.
#14 Apr 9th, 2011, 14:17
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#14
Some enthusiasm for Arya Samaj.

That's fine, but the important thing is to understand what is going on, and these recommendations do not add to that at all.

For a start, go back to the first post in the thread. Did you people notice that Lailalove opens with a muslim greeting? Still recommending Arya Samaj with no further explanation?
Quote:
Yes you marry according to any law and in India, the Indian law recognize them. You dont even need any certificate to prove that you are married. But still cause arise when one require certificate to prove the authenticity of the fact that one is married.
All this may be fine for Indian citizens who don't want to go anywhere. It won't be so fine on their first visit to get a visa, nor will it be fine for the foreigner getting their India visa or PIO card.

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