The day you solemnize marriage is the biggest day in your life. The couple or would-be spouses eagerly wait for this day. What if an uncertain legality emerges as a barrier?

Such things happen more often in the matrimonial cases of a resident and a non-resident Indian or foreigner.  It’s always better to premeditate the prospective challenges.  You can play safe if you have an advanced knowledge of legal troubles. This article deals with all such issues that come your way before wedding with an India native. 

Let’s begin with a small sharing of knowledge about an Act called the “Special Marriage Act”, which is meant for foreigners who seek Indian spouse for the marriage.

The Special Marriage Act, 1954:

It’s an Act of Indian Parliament set up in 1872 & amended in 1954, providing the applicability for wedding in India under these conditions:

• Any person, irrespective of religion can get married with an Indian spouse.
• The people of these religions-Hindus, Muslims, Buddhists, Jains, Sikhs, Christians, Parsis or Jews can apply.
• It allows inter-religion marriages.
• NRIs or non-residents of India and foreigners can hold matrimony under this Act.

Where can it be available?

Being a British, you will be considered a foreigner. Therefore, you should solemnize marriage under this act in this country. You are required to:

• File a notice of intended marriage in a specific form to the Marriage Registrar. The Municipal Corporation should be where there one of the parties has been residing for at least thirty days immediately after the date of notice.
• Solemnize the wedding after the publication of the intended marriage notice (in 30 days),.
• Host it in a special marriage office.

What documents should you carry for supporting your application for marriage certificate?

• Valid passports of the couple
• Original birth certificates of the spouses
• Single status certificate (certified by the Foreign & Commonwealth Office and legalized by the UK High Commission of Britain)
• If you’re a divorcee, annex the Decree Absolute Certificate and Free to Marry Certificate.
• If you’re widowed, integrate the death certificate of your late spouse along with the previous marriage certificate and the free to marry certificate.
• You should enclose a Deed Poll, if you have changed your name.

If your documents are composed in the native language of a specific country, such as French or Hindi (other than English) language, you should transcribe them before getting them stamped.

Do these documents require attestation?

Generally, the foreign citizen should be certified by the respective diplomatic mission in the country of his temporary residence. Further, the series of documents should be attested by the High Commission of his native country.

If you consider the aforesaid scenario, the spouse should get all documents attested with the consulate of India. Subsequently, he ought to visit the High Commission office of where he lives permanently.  This is how the news of his marriage will be authorised and hence, become public.

How can you inform the immigration authority of your country about your marriage being held?

The immigration authority of most of the countries keeps records of every native and citizenship. Therefore, it becomes mandatory to submit the change of status (from bachelor to married) details to this authority.

If you’re married in the UK, you must get it certified by the Consular Affairs section of the Ministry of External Affairs, United Kingdom. Don’t forget to translate the marriage certificate in your native language before. It’s possible that your marriage certificate is published in the Hindi or other Indian languages, such as Marathi, Tamil, Oriya or Bengali.

So, you can look for transcription of that certificate. Afterwards, get it verified by the Ministry of External Affairs. This is the only way to verify and validate your marriage.