Can Two Foreigners Marry With Each Other In India

Can Two Foreigners Marry With Each Other In India

Home / Can Two Foreigners Marry With Each Other In India

Yes, foreigners can marry each other in India. The Indian legal system recognizes marriages between foreigners, as well as marriages between an Indian citizen and a foreigner. The laws governing such marriages are primarily governed by the Special Marriage Act, 1954.

Requirements for Foreigners to Marry in India:

  1. Valid Passports: Both individuals must possess valid passports as proof of their identity and nationality.
  2. Residence in India: At least one of the individuals must have resided in India for a minimum period of 30 days before submitting the notice of intended marriage.
  3. No Existing Marriage: It is essential that both individuals are single and not already married. If either of the individuals was previously married, they must provide the necessary documentation to prove the dissolution of the previous marriage (e.g., divorce decree or death certificate).
  4. Age Requirements: Both individuals must meet the legal age requirements for marriage in their respective countries and fulfill the criteria specified under Indian law (for males, the minimum age is 21 years, and for females, it is 18 years).
  5. Intended Marriage Notice: The couple must give a notice of their intended marriage to the Marriage Officer of the district where at least one of them has resided for 30 days preceding the notice.
  6. Publication of Notice: The notice is published for a mandatory 30-day period to allow for any objections to the marriage. If no objections are raised during this period, the couple can proceed with the marriage.
  7. Solemnization and Registration: Following the expiration of the notice period, the couple can solemnize their marriage by either a religious or a civil ceremony. The marriage must be registered within 30 days of the solemnization.

It is important to note that the requirements and procedures may vary slightly based on the specific circumstances and the state in which the marriage takes place. It is advisable for foreigners intending to marry in India to consult with the Marriage Officer or seek legal advice to ensure compliance with all applicable regulations.

In summary, foreigners can marry each other in India, provided they meet the necessary requirements outlined under the Special Marriage Act, 1954. The act facilitates the solemnization and registration of marriages between individuals of different nationalities and serves to protect the rights and interests of the marrying couple.

Relevant Judgments on foreigners can marry in India –

While foreigners can marry each other in India, there have been relevant judgments by Indian courts that have further clarified the legal aspects of such marriages. Here are a few notable judgments related to foreigners marrying in India:

  1. The case of Arushi Mehra & Anr. vs Govt. Of Nct Of Delhi & Anr:

    The Delhi Court  held that a marriage between two foreign nationals solemnized in India, according to the provisions of the Special Marriage Act, would be considered valid and legally recognized. A perusal of Section 4 of the Special Marriage Act, 1954 leaves no doubt that any two persons can seeks solemnization of their marriage so long as conditions therein are fulfilled. Sub-Sections (a), (b), (c) and (d) of Section 4 do not make any reference to citizens. It is only in Sub-Section (e) of Section 4, where the statute requires that in case of marriages solemnized in Jammu and Kashmir, both parties have to be citizens of India. The statute having made a clear distinction between `any two persons’ in the initial part, in contradistinction with `citizens’ in Sub-Section (e) of Section 4, it is clear that the requirement of at least one party being a citizen of India is not required under the Special Marriage Act.

  2. The case of Aryan Arianfar & Anr vs State Govt. Of Nct Of Delhi & Ors: 


    The Delhi High Court observed  that “there is no way” that the State can prohibit an interfaith couple from marrying, in response to a plea concerning the right of foreign nationals to solemnize and register their marriage under the Special Marriage Act, 1954.Justice Yashwant Varma was hearing a plea from two interfaith foreigners who have been living in the national capital for more than six months and want to marry under the Special Marriage Act to stay in India.While the woman, a Canadian citizen, practices Hinduism, the man is a Christian with American citizenship.Justice Varma made the following remarks orally after the counsel for the petitioners mentioned the interfaith couple’s anxiety about getting married under the Special Marriage Act because other domestic laws prohibit their marriage:

    “The State cannot prevent an interfaith couple from getting married.”

Conclusion :

These judgments provide clarity and reinforce the legality of foreign nationals marrying in India under the Special Marriage Act. They affirm that such marriages are valid and legally recognized, without the requirement of an NOC from the embassies or diplomatic missions of their respective countries.

It’s important to note that the legal landscape may evolve, and new judgments may be pronounced by Indian courts. Therefore, it is advisable for foreigners planning to marry in India to consult with legal professionals or seek guidance from the relevant authorities to ensure compliance with the latest legal requirements and procedures.

whatsapp icon
Contact Us

We're not around right now. But you can send us an email and we'll get back to you, asap.

Not readable? Change text. captcha txt