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CQuestion about Special Marriage Act
Hi, Me (Foreigner) and my boyfriend (Indian) is planning to get married under the SMA since we are from different countries. I just have some questions if:
1. When we register for SMA, do they need both of us to be present during the registration?
2. Can we do traditional wedding or events while the 30 days is ongoing? then we can do court marriage after the 30 days period is done?Thanks so much in advance!
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KNAL Under the Special Marriage Act (SMA), 1954 in India, here’s how things work:
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1. Do both partners need to be present at the time of registration?
Yes, both of you must be physically present for certain key steps:
a. Notice of Intended Marriage (Initial Step):
Both of you need to be present at the Marriage Registrar’s Office to give notice of the marriage.
This notice is then publicly displayed for 30 days.
The notice is filed at the Registrar office in the jurisdiction where either of you has resided for at least 30 days prior.
> Note: You, as a foreigner, must provide a valid visa, passport, and proof of residence (like a hotel bill, rent agreement, or address affidavit).
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2. Can you do a traditional wedding during the 30-day waiting period?
Yes, absolutely! There’s no legal restriction on having traditional functions, ceremonies, or celebrations during the 30-day notice period.
These are not legally binding, but you can hold them before or after the court marriage.
Just make sure you complete the legal registration at the end of the 30 days (after objections period).
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Bonus Tips for Foreigners:
No Objection Certificate (NOC): Some Indian registrars require a NOC from your embassy stating you’re free to marry. This depends on the local registrar’s discretion, so confirm this early.
Apostilled or Attested Documents: Your birth certificate, passport copy, and possibly single status certificate might need apostille or embassy attestation.
Witnesses: You’ll need 3 witnesses (with ID and address proof) present during the actual marriage registration.
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Summary:
Yes, both must be present when filing the notice.
Yes, you can have a traditional wedding before the legal court marriage.
Ensure documents (especially foreign ones) are in order and check if NOC is required.
Would you like a checklist of documents or help preparing the notice application?
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