![]() ![]() ![]() “The marriage of a free and legally responsible (i.e. The renowned Hanafi jurist, Imam al-Haskafi (Allah have mercy on him) states: As for the details of who is a legal and suitable match to her and who is not, this can be found in the books of Fiqh. The other three Sunni Schools consider a marriage without the guardian’s approval to be invalid regardless of whether the person she is marrying is a legal match to her or otherwise. However, if the person she is marrying is not her legal match, then her marriage would be considered invalid. The general principle is that, according to the relied upon position in the Hanafi School, the marriage of a free sane and adult woman without the approval of her guardian (wali) is valid if the person she is marrying is a legal and suitable match (kuf’) to her. The marriage certificate is usually issued a couple of weeks after the wedding.In the name of Allah, Most Compassionate, Most Merciful, Three witnesses are required, who have to provide passport sized photographs, as well as identification and proof of address. If no objections to the marriage are received within 30 days of the application, a civil ceremony at the registry office can then take place. If you’re divorced, you’ll need to produce the Decree Absolute, or if you’re widowed, a copy of the death certificate. Anyone who hasn’t been married should obtain a single status affidavit (in the US), a Certificate of No Impediment (in the UK), or Certificate of No Record (in Australia). ![]() In addition, evidence of eligibility to be married is usually required. You’ll need to submit your own documents to prove your identity. For foreigners, this is evidenced by a certificate from the local police station. Under the Act, there’s a 30 day residency requirement, which means that either the bride or the groom has to be living in India for at least 30 days prior to applying to the local registry office to get married. In India, civil weddings are governed by the provisions of The Special Marriage Act (1954). In case one of the parties has married previously, the Divorce Decree (for divorcees) or Certificate of Death (for widowed) is necessary.Īddress proof and passport size photographs.Īdequate documentary evidence of 30-day residence in India. The following documents would be required:Ī valid visa of more than thirty days for the foreign nationalĪ single-status affidavit signed by both parties. In the absence of any objections, the marriage will be solemnized upon the cessation of the objection period. If all the concerned objections are dealt with, the bride, groom, and any three witnesses need to sign a declaration in the presence of the Marriage Officer, who would then countersign it. If the Marriage Officer discovers that the objection is valid and decides against the marriage of the concerned parties, the bride or groom may appeal to the district court within thirty days of such refusal. In case of any objections, the Marriage Officer is mandated to conduct an inquiry into its validity within a window of 30 days, during which the marriage cannot be solemnized. A copy of the same must also be attached to a “Marriage Notice Book,” which could be inspected by anyone.Īny objections to the marriage, with respect to age, capacity to consent, incest, etc, may be addressed to the Marriage Officer within 30 days of the publication of the notice. The notice so received will be published in the office of the Marriage Officer by displaying it in a conspicuous place. The marriage is generally scheduled within three months from the date of issue of notice. Since the legal age for marriage in India for girls is 18 years and for boys, 21 years, the same rule extends to marriage with a foreign national.Īny couple wishing to avail the fruits of this Act is required to issue a notice in writing to the “Marriage Officer” of the district where at least one of the parties to the marriage has been residing for the last thirty days. You will have to get married under the provisions of special Marriage Act.
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