Lawfarm Team
in Family Law Criminal Law Contracts Law Civil Law Constitutional Law Human Rights Law
Asked May 19, 2016

Marriage Registrar refusing to solemnize my marriage.

  • 1 Answer

I am from Gorakhpur, U.P. India. My to be spouse is from Bangladesh. We have plans to get married in my native (Gorakhpur). Gorakhpur marriage registrar is saying that this marriage is not possible from Gorakhpur, please reach out to Delhi registrar !!! I am wondering that is it true that only few registrar are allowed to solemenise such marriages and the same is not available for all marriages in entire India ??? Please help

Answer 1

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Srija Choudhury
Marriage between an Indian citizen and foreign national can be solemnized under the Special Marriage Act, 1954.Court has held that any two persons in India, where one of them or both of them are foreigners or both of them are Indians can enter into a form of marriage under the Special Marriage Act [Kar L.J. 1981 (1) 294] .As per your query, there is no provision in Special marriage Act with regard to any specific kind of registrar for solemnizing marriage with a foreign national. The marriage officer/ registrar of the district of Gorakhpur is fully qualified and has territorial jurisdiction to register such marriage.Under section 5 of this Act:a. Notice of the intended marriage should be given in writing as specified in schedule II to the marriage officer of the district. b. At least one of the parties to marriage should stay in the locality of such district not less than 30 days immediately before giving such notice. c. The notice is required to be published for 30 days and at the end of such time period, the marriage officer can solemnize the marriage.Following documents are required from the parties:-1) A valid passport2) Original birth certificate showing parents’ name3) When widowed,then death certificate of the deceased spouse4) When divorced, then copy of the final decree5) Documentary evidence showing evidence of stay of the parties in India for more than 30 days6) “No objection letter” from the embassy or consulate of her country( Only for the Foreign National)
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