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1) The Australian High Commission in India cannot conduct marriages but can issue Certificates of No Impediment to Australians wanting to marry in India subject to providing documents such as proof of identity and marital status. 2) There are three main marriage acts in India - the Hindu Marriage Act, Christian Marriage Act, and Special Marriage Act. The Hindu Marriage Act applies to Hindus, Sikhs, Jains and Buddhists. The Christian Marriage Act allows marriages in churches or by registrars. The Special Marriage Act allows interfaith marriages and same-faith marriages. 3) Marrying in New Delhi involves registering with the Civil Registrar, Marriage Section located at Tis Hazari Courts. Foreigners may need

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83 views2 pages

Week Ii

1) The Australian High Commission in India cannot conduct marriages but can issue Certificates of No Impediment to Australians wanting to marry in India subject to providing documents such as proof of identity and marital status. 2) There are three main marriage acts in India - the Hindu Marriage Act, Christian Marriage Act, and Special Marriage Act. The Hindu Marriage Act applies to Hindus, Sikhs, Jains and Buddhists. The Christian Marriage Act allows marriages in churches or by registrars. The Special Marriage Act allows interfaith marriages and same-faith marriages. 3) Marrying in New Delhi involves registering with the Civil Registrar, Marriage Section located at Tis Hazari Courts. Foreigners may need

Uploaded by

Rui Abílio
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Getting married in India

Certificate of no impediment
The Australian High Commission does not have the authority to conduct marriages in India. Any
enquiries you may have concerning marriage in India should be directed to the local authorities.
This office, subject to the following, can issue a Certificate on No Impediment:

1. Completion of the no impediment declaration (pdf)


2. Evidence of Australian citizenship or Australian permanent resident status
3. If either or both parties have been divorced, the original of the divorce certificate
4. If a previous spouse is declared ‘deceased’, the originals of the marriage and death
certificate

Subject to all documentation being in order and payment of the prescribed fee, $A 90/- (payable in
Indian rupees at the prevailing exchange rate), the Certificate can be issued.

Indian Marriage Act


Marriage regulations
The following are three of the most important marriage acts in India in summary form:

A) The Hindu Marriage Act: The Hindu Marriage Act applies to Hindus, Sikhs, Jains and Buddhists.
If one of the parties in the marriage is a non-Hindu, he/she must convert to Hinduism before the
marriage ceremony can be performed under this Act. People can register their marriage, but
registration is not a legal requirement and failure to register a marriage does not affect the legality of
the marriage.
B) The Christian Marriage Act: Under this Act, marriages can be performed by a minister of
religion in a church or by a registrar of marriages.
(1) If a minister will perform the ceremony, one of the partners must notify the minister in writing of
his/her intention. The usual notice period allows the posting of bans on three successive Sundays,
but under certain circumstances the minister can shorten this period. After the ceremony the minister
registers the marriage and issues a marriage certificate. (2) If a registrar will perform the marriage,
he/she will first post the marriage notice in the registrar's office for one month. After the ceremony is
performed in the presence of two witnesses, the registrar issues a marriage certificate.
C) The Special Marriage Act (1954): This Act covers marriages between people of different
religions, but people of the same faith can also be married under this Act.
Certain papers must be filed with the marriage registrar, including affidavits (in a prescribed form) by
each party that they are single, and certifications from the local police station for each party that they
have been resident of that area for at least 30 days. A notice of the intended marriage is published.
Thirty days after publication of the notice, the marriage is solemnized by the marriage registrar in the
presence of the bride and groom and three witnesses.
The registrar registers the marriage and issues a marriage certificate.
In New Delhi the office of the Civil Registrar, Marriage Section, is located at Tis Hazari Courts (near
Kashmere Gate).
Often, the registrar asks the foreigner to bring a letter from his/her Embassy certifying his/her marital
status in the home country. This can be done through RBDM in Australia.
The marriage registrar at times might ask for a No Impediment certificate from the foreign citizen,
which can be provided by the Australian High Commission for a fee of AUD 90 payable in Indian
currency (rate changes very month, depending upon the exchange rate for the month).

Address for registration of marriage in


Delhi
Sub Divisional Magistrate
Tis Hazari Court (Near ISBT)
Old Delhi

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