Family law

NRIs Unmarried Certificate Must for Court Marriage in India

With the court and immigration rules constantly changing, it is difficult to keep up to date with all updates.

This blog is mainly concerned with the marriage of anyone living in India or abroad and solemnizing marriage here. They can be non-residents or NRIs (non-resident Indians), who often struggle as to where to register marriage and what documents to be attached for verification. Here in this piece of information, you will get all the answers regarding the marriage registration application, documents like an unmarried certificate to attach for verification, and the entire procedure.

Preparation for Marriage Registration

In the case of NRIs, the bride or the groom may have to settle abroad after marriage. So, they have to first file a petition through Form I-130 (for the US) at a consulate. Once the visa procedure is successfully over, apply for the registration of that marriage because it is also required.

 Remember, the non-resident should have a single status proof in the case of a bachelor. Enclose it with the other supporting documents. The issuance of this certificate may take a month-long time. So, apply for it prior.

In short, marriage applicants from abroad should get ready with all necessary documents a few months before the marriage for a seamless marriage ceremony.

Once done with all processes, you can easily set out to any foreign country. Here, the main concern is that the native of India or the one who lives here need not require further re-registration abroad. The marriage would be recognized as valid from all legal perspectives.  The crucial thing is a visa. It should be applied for several months before that marriage. For the spouse, the applicant has to choose a visa for dependents.

If you need further information in detail, contact any authorized NRI agent. He can guide you throughout the process. And, you won’t face any delays.  Just make sure that the agent is experienced and verified in dealing with such queries. It is going to be a big support.

Laws for Marriage

Unlike foreign, India is where people don’t have to submit any unmarried certificate before marriage. Here, the Hindu Marriage Act, of 1955 and the Special Marriage Act, of 1954 govern marriages. These are commonly known laws that allow solemnizing between two parties. No matter if they belong to the same or different nations, castes, or religions. The interested parties can register their marriage to have legal proof.

Procedure to Apply for the Court Marriage

Here is the roundup of all steps that define the registration process for marriage in India. It is applicable to all natives, foreigners, Overseas Citizens of India (OCIs), and non-residents of India (NRI). 

Step 1: Visit the court a month prior.

Step 2: File a “Notice of Intended Marriage” through a specific form. The marriage registrar of the district holds the signing authority.

Ensure that at least one of the parties has been living in India or that district for a period of not less than 30 days. This duration will start immediately preceding the date on which that notice was given.

Step 3: The registrar will put a notice on the board for inviting objections if either of the parties has.

Step 4: After the expiration of 30 days from the date on which notice of intended marriage has been published, the marriage may be solemnized unless it has been objected to by any person.

Step 5: The solemnization of that marriage can be at the marriage office or anywhere else.

Step 6: The presence of three witnesses is crucial and must be on the date of registration and solemnization.

Documents Required for Registration

Now that you have discovered what the process is to follow for registration, let’s find out what documents should be a key to verify this registration of marriage.

  • Application form, which should be duly filled and attested by the bride and the groom, and the notice should be mentioned there. 
  • The date of birth certificate or any other proof like the matriculation certificate/ passport of both parties should be attached.
  • Documentary proof like ration card or police verification certificate, stating that either of the parties is residing in Delhi for more than 30 days
  • Unmarried certificate or affidavits from the bride and the groom, mentioning the date of birth, and present marital status as single, widower, or divorcee should be attached. 
  • There should be an affirmation given that the parties are unrelated to each other within the degree of prohibited relationship, which is a guideline in the Special Marriage Act.
  • Submit two-two passport-size photographs of both, bride and groom, which should be duly attested by a gazette officer.
  • If either of them is a divorcee or widower, enclose the copy of the divorce decree/order (for the former case) and the death certificate (for the latter case).
  • Finally, there should a receipt of the fee paid with respect to the application form in the District Court. This fee may vary from place to place. So, inquire prior.

Documents Required in Case of Foreign National or NRIs

There are a few more documents required for registering a marriage with a foreign national or non-resident (NRIs).

  • A photocopy of passport and visa
  • An NOC or Single Status Affidavit or Marital Status Certificate from the concerned embassy
  • The police verified documentary proof regarding the stay of either groom or bride in India for a month or more days

All of these documents should be attested by a gazette officer. This a legal requirement that proves the authenticity of any document.

Summary

NRIs can register their marriage in the District Court of India, provided they have all the documents like an unmarried certificate, a date of birth, and residency pieces of evidence. And you should have three witnesses also. To avoid coming across any hassles, hire an NRI agent to guide you through the documentation, fee, and attestation.