Indian Marriage License

The procedure for a foreigner (e.g., an American citizen) to get married in India depends on whether the parties wish to participate in a religious ceremony or a civil ceremony. If required, the Embassy can issue a “no objection” letter to any American citizen who wishes to obtain an Indian marriage certificate. The letter can be obtained free of charge from the American Citizen Services Unit any weekday from 9:00 a.m. to 1:00 p.m., simply by presenting a U.S. passport.

If after marrying, you are interested in obtaining an immigrant visa to the United States for your new spouse, please contact the Department of Homeland Security’s U.S. Citizenship and Immigration Services (previously known as “INS”) to obtain more information about filing an immigrant visa petition. Their website is www.uscis.gov. Their office at the U.S. Embassy in New Delhi can be reached by writing to ins.ndi@dhs.gov, or by calling 2419-8506 (begin by dialing 011-91-11- if calling from the United States).

Religious Ceremonies

In India, a religious marriage ceremony is considered a legal marriage. However, for Hindus, Jains, Sikhs and Buddhists, the certificate issued by the temple or gurudwara may not be legally sufficient for all purposes. Rather, members of these religions may seek a formal marriage certificate from the Registrar of Marriages. If one of the parties is a U.S. citizen, the registrar may request a “no objection letter” from the U.S. Embassy or Consulate, and also may request proof of termination of any previous marriages, before a marriage certificate will be issued.

If the parties are married in a Christian, Muslim, Parsi, Jewish, Baha’i or other religious ceremony, the certificate issued by the religious authority (e.g., the church’s marriage certificate, the mosque’s nikah nama, etc.) generally is sufficient proof of marriage, and no certificate from the marriage registrar is necessary.

Civil Ceremonies

Parties who do not wish to marry in a religious ceremony can instead opt for a civil ceremony pursuant to the Special Marriage Act. Again the American citizen who wishes to participate in a civil marriage ceremony may be required to present to the marriage officer a “no objection letter” from the U.S. Embassy or Consulate, as well as proof of termination of any previous marriages. The parties generally are required to wait at least 30 days from the date of initial application to formalize the marriage so that the marriage officer can publish a newspaper ad allowing for the opportunity for any objections to the marriage to be voiced.

In India, a religious marriage ceremony is considered a legal marriage। However registration of marriage is now a legal requirement in most of the states in India. Moreover, for visa and immigration purposes a formal marriage certificate from the Registrar of Marriages is required. There are different rules and regulations for different religions. For example there are Hindu Marriage Act, Muslim Marriage Act, and Christian Marriage Act and for the Parsee there is Parsee Marriage and Divorce Act.

Hindu Marriage Ceremony

The Hindu Marriage Act of 1955 is applicable to Hindus, Jains, Sikhs and Buddhists. A religious marriage which has already been solemnized can be registered under the Hindu Marriage Act, 1955. The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs or where they have converted into any of these religions. The Hindu Marriage Act provides for the conditions of a marriage where under the bridegroom should be the age of 21 years and bride of 18 years, they both should not be within the degree of prohibited relationship.

The documents required for registering a marriage under the Hindu Marriage Act are as follows:

• Application form duly signed by both husband and wife
• Documentary evidence of date of birth of parties (Matriculation Certificate / Passport / Birth Certificate) Minimum age of both parties is 21 years at the time of registration under the Special Marriage Act
• Ration card of husband or wife whose area SDM has been approached for the certificate
  Affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality
• Two passport size photographs of both the parties and one marriage photograph
  Marriage invitation card, if available
• If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage
• Affirmation that the parties are not related to each other within the prohibited degree of relationship as per Hindu Marriage Act or Special Marriage Act as the case may be
  Attested copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower
• In case one of the parties belong to other than Hindu, Buddhist, Jain and Sikh religions, a conversion certificate from the priest who solemnized the marriage
• All documents excluding receipt should be attested by a Gazetted Officer

Verification of all the documents is carried out on the date of application and a day is fixed and communicated to the parties for registration। On the said day, both parties, along with a Gazetted Officer who attended their marriage, need to be present before the SDM. The marriage certificate under the Hindu Marriage Act is issued on the same day or within a few days.

Civil Marriage Ceremonies in India

Parties who do not wish to marry in a religious ceremony can instead opt for a civil ceremony pursuant to the Indian Special Marriage Act of 1954.

In case a marriage between an Indian and a foreign national is to take place in India, generally its required to file a notice of intended marriage with a Marriage Registrar of your choice in India. That notice is required to be published for the stipulated 30 days. At the end of the 30 days the Marriage Registrar is free to perform the marriage.

The notice of intended marriage can only be given in India, if at least one partner is permanently and the other partner temporarily resident in India.

If one partner is residing in a foreign country then the partner who is resident in India will have to fill out the “Marriage Notice” collected from the Marriage Registration Office of his/her choice in India and send it to his/her partner in the foreign country who will also have to fill it out. This “Notice” should then be sent back to the partner in India who will have to re-submit it at the Marriage Registration Office. After the stipulated waiting period of 30 days the marriage can take place in India. Under the Special Marriage Act, 1954 a certificate showing the signatures of the persons married, the registrar and the witnesses will be issued. This Certificate is required as proof of the marriage and when applying for a visa to for a foreign country.

The following documents are required for both the partners:

• a valid Passport
• original Birth Certificate showing parents' names
• if the person concerned is widowed, the original death certificate of the deceased spouse
• If divorced, copy of the final decree
• documentary evidence regarding stay in India of the parties for more than 30 days (ration card or report from the concerned SHO)

The American citizen who wishes to participate in a civil marriage ceremony may be required to present to the marriage officer a “no objection letter” from the U.S. Embassy or Consulate, as well as proof of termination of any previous marriages. Similarly, a citizen of another foreign country may be required to present to the marriage officer a “no objection letter” from the Embassy or Consulate of his country, as well as proof of termination of any previous marriages.

In a nutshell, under the Special Marriage Act, the parties generally are required to wait at least 30 days from the date of initial application to formalize the marriage so that the marriage officer can publish a newspaper ad allowing for the opportunity for any objections to the marriage to be voiced।

What is a Marriage Certificate and Why is it Needed?

A Marriage Certificate is the proof of registration of a marriage. The need for a Marriage Certificate arises in case you need to prove that you are legally married to someone, for purposes like obtaining a passport, changing your maiden name, etc.

Legal Framework

In India, a marriage can be registered under either of the two Marriage Acts: the Hindu Marriage Act, 1955 (External website that opens in a new window) or the Special Marriage Act, 1954 (External website that opens in a new window). To be eligible for marriage, the minimum age limit is 21 for males and 18 for females. The parties to a Hindu marriage should be unmarried or divorced, or if previously married, the spouse by that marriage should not be alive. In addition, the parties should be physically and mentally healthy and must not be related in a way prohibited by the law.

The Hindu Marriage Act is applicable only to the Hindus, whereas the Special Marriage Act is applicable to all citizens of India.

The Hindu Marriage Act provides for registration of an already solemnised marriage. It does not provide for solemnisation of a marriage by the Registrar. The Special Marriage Act provides for solemnisation of a marriage as well as registration by a Marriage Officer.

What You Need to Do to Obtain a Marriage Certificate

Under the Hindu Marriage Act:

Parties to the marriage have to apply to the Registrar in whose jurisdiction the marriage is solemnised or to the Registrar in whose jurisdiction either party to the marriage has been residing at least for six months immediately preceding the date of marriage. Both the parties have to appear before the Registrar along with their parents or guardians or other witnesses within one month from the date of marriage. There is a provision for condonation of delay up to 5 years, by the Registrar, and thereafter by the District Registrar concerned.

Under the Special Marriage Act:

The parties to the intended marriage have to give a notice to the Marriage Officer in whose jurisdiction at least one of the parties has resided for not less than 30 days prior to the date of notice. It should be affixed at some conspicuous place in his office. If either of the parties is residing in the area of another Marriage Officer, a copy of the notice should be sent to him for similar publication. The marriage may be solemnised after the expiry of one month from the date of publication of the notice, if no objections are received. If any objections are received, the Marriage Officer has to enquire into them and take a decision either to solemnise the marriage or to refuse it. Registration will be done after solemnisation of the marriage.

Any marriage already celebrated can also be registered under the Special Marriage Act after giving a public notice of 30 days, subject to conditions। However, as stated above, the bridegroom and the bride must have completed 21 years and 18 years of age respectively.