Special Marriage Act becoming unavailable to foreigners?

#1 Dec 21st, 2012, 03:24
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#1
Hello all,

I am a British citizen looking to marry my Indian fiance through the Special Marriage Act. She lives in Delhi and we are both 23. I am flying there from London this saturday and we intend to register our intent to marry (the 30 day thing) this coming monday.

However a friend of hers (supposedly on good authority) told us that very recently the Indian government had decreed that this option would be no longer available to couples where one partner is foreign born. Apparently this is a measure to cut back on abuses, discrepancies, "scam" marriages and the like associated with the Special Marriage Act. I was dubious straight away as this seems really harsh, but I was still panicking when I heard about it. Not being religious myself (though my fiance is christian) I am banking on being able to marry through the Special Marriage Act, with intent to apply for a UK visa for her afterward (though thats another battle). I have scoured the internet all day looking for any sources confirming what her friend said. Has anyone here heard or experienced anything supporting this rumour recently? Is it getting more difficult for foreigners to marry Indians through the Special Marriage Act? Is this phenomenon perhaps just unique to Delhi rather than India as a whole?

Secondly if the Special Marriage Act is still alive and well as an option for foreigners, I was wondering is a No Objection Certificate from British High Commission Delhi sufficient proof of my single status? I know this topic has been discussed ad-nauseum but many of the threads go back a few years and I just wanted to confirm that it will suffice, as I have nothing else prepared at short notice.

Any guidance or information is greatly appreciated. Many thanks.

P.s. Nick H if you're reading this please chime in, I can tell you know your stuff.
#2 Dec 21st, 2012, 09:39
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It is an Act of the Parliament, and has stood the test to time. Everything you heard is probably not true. Can your source point to any Supreme Court Decision in the last few weeks ?
Last edited by nycank; Dec 21st, 2012 at 09:40.. Reason: s/Congress/parliament/w
#3 Dec 21st, 2012, 09:41
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Never heard anything along those lines recently.
#4 Dec 21st, 2012, 12:13
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Sounds like something somebody told somebody, etc. and it got embroidered at each point. There were some travel restrictions to reduce the number of "Hyderabadi" type marriages. But, we haven't seen any drastic revision of the law..

I had it on good authority, from a Harvard economist at the august premises of John Harvard's Bar & Grill, a wild story I repeated later to complete and embarrassing disproof..
#5 Dec 21st, 2012, 12:25
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Quote:
P.s. Nick H if you're reading this please chime in, I can tell you know your stuff.
I did my research and knew my stuff seven years ago. Not up to date now.

However, I have also not heard of any such thing, and I do not think it is true. Just my opinion.

I wonder just how much abuse there is? Not much at all, I would say. I think it pales into insignificance against the abuse of other marriage acts by NRIs who disappear with the dowry.

Remember that foreigners come here and get married all the time. The fact that they may be of Indian origin makes no legal difference.

Gora, if you intend to live in the UK together, you could consider marrying there. She can get a visa that allows that. So long as you have sufficient income and can house her, it should be perfectly possible.
#6 Dec 21st, 2012, 12:28
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Oh my. What are these "Hyderabadi type " marriages ?
#7 Dec 21st, 2012, 13:00
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#7
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Originally Posted by narendra.d View Post Oh my. What are these "Hyderabadi type " marriages ?
Muttah.

Some Embassies website explictly mention it, some dont. But is unlike the FSU countries, the former was based on an outcome of either a parliament outrage, or a Ministry of Women and Child Development directive.
#8 Dec 21st, 2012, 15:32
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Its been a while since I have heard of those happening. Whether its really because of improved economic and educational situation or better enforcement following a directive from MHA Or other, I would be happy if its the former. Dont trust the latter to be effective for long.
#9 Dec 21st, 2012, 19:03
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Originally Posted by narendra.d View Post Its been a while since I have heard of those happening.

Dont trust the latter to be effective for long.
Gone stealth.

It is not a Hyderabad problem, or an India problem. It is pervasive. More than you can imagine, more countries than you can think.
#10 Dec 29th, 2012, 18:48
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Originally Posted by nycank View Post Gone stealth.
Seems you were absolutely right.

A Mid-day investigation: http://www.mid-day.com/news/2012/dec...or-2-weeks.htm

And on NDTV: http://www.ndtv.com/article/cities/h...ome-topstories
#11 Dec 30th, 2012, 00:35
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Watch those links though unless you have up to date virus protection!!
#12 Dec 30th, 2012, 07:20
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Originally Posted by edwardseco View Post Watch those links though unless you have up to date virus protection!!
????

They are valid links from 2 well known media company sites. What warning did you get?
#13 Dec 30th, 2012, 14:54
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AVG popped up with a virus warning and took a couple of moments to deal with the baddie. Your virus ware may deal with such less obtrusively or it may be just a different time of day. Both reports were interesting!
Thanks..
#14 Dec 30th, 2012, 18:17
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#14
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Originally Posted by narendra.d View Post Seems you were absolutely right.

A Mid-day investigation: http://www.mid-day.com/news/2012/dec...or-2-weeks.htm

And on NDTV: http://www.ndtv.com/article/cities/h...ome-topstories
This is just weird. Leaving aside the ethics of such a deal, if a person wants the services of an "escort" for ten days, then why not just buy the services of an escort for ten days. What's with the marriage thing? Makes some sort of difference to their conscience or something?
#15 Dec 30th, 2012, 19:02
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#15
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Originally Posted by Nick-H View Post This is just weird. Leaving aside the ethics of such a deal, if a person wants the services of an "escort" for ten days, then why not just buy the services of an escort for ten days. What's with the marriage thing? Makes some sort of difference to their conscience or something?
According to shari'a "adultery" is punishable by death (by lapidation*, however you need four adult male Muslim witnesses for a conviction). This kind of arrangement is, strictly speaking, "legal". Of course, after a divorce the woman may not marry for a period of ten months and any offspring born in this period are legally the children of the former husband. If this forum is anything to go by ,this is also a big issue in Iran, prostitution less fornication, so to speak. Wikipedia also has something to say on this subject.

*stoning, for the less delicately minded
Last edited by Golghar; Dec 30th, 2012 at 21:15.. Reason: corrected link and a few alterations

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