NRI COURT MARRIAGE IN INDIA
NRI Court Marriage in India: Procedure, Requirements and Legal Implications
Marriage is a sacred union between two individuals who are legally allowed to marry according to their respective personal laws. For Non-Resident Indians (NRIs), who reside outside of India, getting married in India can be a tedious and complicated process. This article discusses the procedure, requirements, and legal implications of an NRI court marriage in India.
Procedure for NRI Court Marriage in India
In India, court marriages are solemnized under the Special Marriage Act, 1954. NRIs can opt for a court marriage under this Act by following the below-mentioned steps:
Notice of Intended Marriage: The first step in the process of an NRI court marriage is to file a Notice of Intended Marriage (NIM) with the Marriage Registrar of the district in which either the bride or groom reside. The NIM must be filed at least 30 days before the date of marriage.
Publication of Notice: The Marriage Registrar will then publish the NIM in the presence of witnesses. This is to ensure that there are no legal impediments to the marriage.
Objections: If no objections are raised during the 30-day period, the Marriage Registrar will issue a Certificate of Marriage. However, if any objections are raised, an inquiry will be conducted, and the decision will be taken based on the outcome of the inquiry.
Registration of Marriage: The marriage can be registered within 90 days from the date of issuance of the Certificate of Marriage. The registration of marriage is done in the presence of the Marriage Registrar, two witnesses, and the bride and groom.
Requirements for NRI Court Marriage in India
The following documents are required for an NRI court marriage in India:
Passport: The passport is required for establishing the identity of the bride and groom.
Address Proof: An address proof document such as a driving license, voter ID card, or utility bill is required to establish the residence of the bride and groom.
Age Proof: Age proof documents such as a birth certificate, school leaving certificate, or passport are required to establish the age of the bride and groom.
Photographs: Recent passport-size photographs of the bride and groom are required.
Affidavit: An affidavit is required from both the bride and groom stating their marital status, place of residence, and date of birth.
Legal Implications of NRI Court Marriage in India
An NRI court marriage in India has the same legal implications as any other marriage under the Special Marriage Act, 1954. However, NRIs should be aware of the following legal implications:
Divorce: If the couple decides to get a divorce, they must do so under the laws of the country in which they reside.
Inheritance: The inheritance laws applicable to the couple will depend on their respective personal laws.
Child Custody: In case of a dispute regarding child custody, the laws of the country in which the child resides will apply.
Conclusion
An NRI court marriage in India can be a hassle-free and convenient way for NRIs to get married in India. The procedure for an NRI court marriage is simple and straightforward, provided that all the necessary documents are in order. NRIs should also be aware of the legal implications of an NRI court marriage under Indian law.
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