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CMe (27F) and my boyfriend (28F) are in an interfaith relationship. Neither of us are Hindu. We are hoping to get married in Delhi, but I’m not sure if this is possible. Basically my boyfriend who is an OCI has an Aadhar card and his drivers license with his address in Delhi but he does not currently reside in India. I want to know if we can only register the marriage in my state where I am a resident or if registering the marriage in Delhi is also possible. And since he’s an OCI do we have to prove that he was residing in India for 30 days prior to the registration of the marriage? Would really appreciate any input from any lawyers who have experience in this.
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AYou can register your marriage in Delhi under SPA if either you or your fiance has resided there for at least 30 days prior to submitting the notice of intended marriage at the concerned Marriage Registrar’s Office. Since your fiance is an OCI, he must provide proof of his stay in India for this period, like a residential proof like a rent agreement, hotel stay record, or a relative’s affidavit etc. If he does not meet this requirement, you may need to register the marriage in your state of residence instead. It would be more convenient for you to get it registered in your state.
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CIf we register it in my state do we still need to show that he has resided in India for the last 30 days? Because with the residency requirement and having to wait another 30 days to register our marriage after submitting the notice, it becomes 2 months that he has to stay here and that will be difficult to manage.
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AUnder Section 5 of the SMA, only one of the parties to the marriage must have resided in the district where the marriage is being registered for at least 30 days before giving notice. Since you meet the residency requirement in your state, you can register the marriage there without your fiance eeding to prove a 30 day stay in India. The 30 day waiting period under Section 7(1) applies after the notice is published, but it does not impose any additional residency requirement on both parties. So, if registering in your state, your fiance can avoid an extended stay in India and hence I’d suggested you to get it registered in your state initially. However, if you both prefer Delhi, he would need to meet the 30-day residency there.
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