Court Marriage in India Requires Certificate of Being Single

Court Marriage in India Requires Certificate of Being Single

India permits solemnizing marriage as per rituals under the Hindu Marriage Act, 1955. This marriage requires no particular document to be produced before marriage. On the contrary, the Special Marriage Act, 1954 is governed by the court across this nation. It is precisely called the court marriage, which takes place between two parties from the same or two different countries. It is held irrespective of any caste, religion or race to let you legally married.

The interested parties can directly visit the marriage bureau or the SDM office to apply for the marriage certificate.  If you are a foreigner or an NRI, you can go through the procedure of getting an affidavit of single status from the Tehsildar and then, the SDM office in India. It is recognized as the ‘certificate of no impediment’, nulla osta, CENOMAR and bachelorhood certificate.  This certificate is notarized by the notary and the, apostilled from the Ministry of External Affairs (MEA) respectively.

Subsequently, you can get through the legal procedure of getting married in the India’s district court.

How can I legally get married in India?

  • Visit the office of the Marriage Registrar in the district wherein either of the would-be spouses has been living for the period of at least 30 days immediately preceding the date on which such notice is given.
  • Apply for a ‘Notice of Intended Marriage’ there.
  • Upon verification, the Registrar of Marriage can raise the notice of the then published for inviting objections, if he finds any issue.
  • Post 30 days from the publishing of the notice of the intended marriage, the wedding bells can be rung provided there is no objection by either party.
  • It may take place at the specific marriage office.
  • On the big day, the spouses should have at least three witnesses with them to witness the registration and solemnization of the marriage.

Format of the Notice of Intended Marriage: 

Notice of Intended Marriage

Can it be done in a day?

If you have all documents in place, it may take just a day or two.

Documents to be presented by NRIs or natives for the Court Marriage in India:

  1. Application form duly filled and attested by the bride and the groom
  2. Documented proof of birth of both would-be spouses, such as matriculation certificate/ passport/ birth certificate
  3. Receipt of the fee paid against the application form in the District Court
  4. Documentary evidence of the residence, such as ration card or, report from the concerned Station House officer, of one of the spouses, who is living there for more than 30 days
  5. Affidavit of being unmarried, or single status certificate, from bride and groom stating the date of birth and present marital status (unmarried/ widower/ divorced)
  6. An affirmation that the would-be spouses do not hail from the prohibited relationship defined in the Special Marriage Act
  7. Passport size photographs of both would-be spouses two each, which should be duly attested by the gazette officer
  8. A photocopy of the divorce decree/ the court orders in the case any of the spouses is a divorcee or, a photocopy of the death certificate if either of spouses is a widow/ widower

Documents required for the foreigners:

  • A copy of the passport and visa
  • An NOC certificate or CENOMAR from the concerned embassy
  • A duly attested by SHO documentary proof of residence in India, which should state that the foreigner is staying here in India for 30 or more days

As aforementioned, the certificate of no marriage can be obtained from the competent authorities in the foreign or the embassy. Apply for this document one month prior to the marriage so that it would not cause any delay in entering the new phase of your life.

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