INFORMASI KAWIN CAMPUR INDONESIA-INDIA
Showing posts with label MARRIAGE IN INDIA. Show all posts
Showing posts with label MARRIAGE IN INDIA. Show all posts

30 September 2012

Online Registration for Foreigners in India

General Instructions for Registration
 

Introduction All foreigners (including foreigners of Indian origin) visiting India on long term (more than 180 days) Student Visa, Medical Visa, Research Visa and Employment Visa are required to get themselves registered with the Foreigners Regional Registration Officer (FRRO)/ Foreigners Registration Officer (FRO) concerned having jurisdiction over the place where the foreigner intends to stay, within 14 days of arrival. However, Pakistan nationals are required to register within 24 hours of their arrival. All Afghan nationals are required to register with the FRRO/FRO concerned within 14 days of arrival except those Afghan nationals who enter India on a visa valid for 30 days or less provided the Afghan national concerned gives his/her local address in India to the Indian Mission/FRRO/FRO. The Afghan nationals who are issued visas with 'Exemption from police reporting' are exempt from Police reporting as well as Exit permission provided they leave within the Visa validity period. Foreigners other than those mentioned above will not be required to get themselves registered, even if they have entered India on a long term visa provided their continuous stay in India does not exceed 180 days. If the intention of the foreigner is to stay in India for more than 180 days, he/she should get himself/herself registered well before the expiry of 180 days from the date of arrival with the FRRO/FRO concerned. Foreigners (including minors above 12 years of age) have to report in person or through an authorized representative to the appropriate Registration Officer for registration. Registration is also required in the case of visa less than 180 days and if there is special endorsement "for registration required". However foreigners entering on Entry(X) and Business visas valid for more than 180 days are required to register with the FRRO, FRO if they continuously intend to stay for more than 6 months i.e. more than 180 days on each visit. (But exempting visa bearing endorsement as "Stay not to exceed 180days hence no registration required." Apart from the above, foreigners entering on Journalist and any other category of visa which is valid for more than 180 days and do not have a special endorsement of "Each stay 180 days hence no registration required?; are required to register with the concerned F.R.R.O.'s, F.R.O.s within 180 days of their arrival. Foreigners (including minors above 12 years of age) have to report in person or through an authorized representative to the appropriate Registration Officer for registration. Ordinarily, the registration process is completed on the same day, but it may vary in those cases where field enquiry/other checks are required to be done by the registration officer. The above guidelines are valid for all cases except those where visa has special endorsement regarding registration. 

04 August 2011

THE DOWRY PROHIBITION ACT, 1961

THE DOWRY PROHIBITION ACT, 1961

(Act No.28 of 1961)[2Oth May. 1961]

AN ACT TO PROHIBIT THE GIVING OR TAKING OF DOWRY

Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows:
1. SHORT TITLE, EXTENT AND COMMENCEMENT.- (l) This Act maybe called the Dowry Prohibition Act, 1961
.(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. DEFINITION OF "DOWRY".- ln this Act, "dowry" means any property or valuable security given or agreed to be given either directly or indirectly-
(a) by one party to a marriage to the other party to the marriage; or
(b) by the parents of either party to a marriage or by any other person to either party to the marriage or to any other person;
at or before or any time after the marriage in connection with the marriage of said parties but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies.
EXPLANATION I OmittedEXPLANATION II-The expression "valuable security" has the same meaning as in Sec. 30 of the Indian Penal Code (45 of 1860).
3. PENALTY FOR GIVING OR TAKING DOWRY. - If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more:Provided that the court may, for adequate and special reasons to be recorded in the judgment, impose a sentence of  imprisonment for a term of less than five years.
(2) Nothing in sub-section (1) shall apply to or, in relation to,-(a) presents which are given at the time of a marriage to the bride (without any demand having been made in that behalf):Provided that such presents are entered in a list maintained in accordance with rule made under this Act;(b) presents which are given at the time of marriage to the bridegroom (without any demand having been made in that behalf):Provided that such presents are entered in a list maintained in accordance with the rules made under this Act:Provided further that where such presents are made by or on behalf of the bride or any person related to the bride, such presents are of a customary nature and the value thereof is not excessive having regard to the financial status of the person by whom, or on whose behalf, such presents are given.
4. PENALTY FOR DEMANDING DOWRY.- If any person demands directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine which may extend to ten thousand rupees:Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.
4-A. BAN ON ADVERTISEMENT- If any person,-(a) offers, through any advertisement in any newspaper, periodical, journal or through any other media, any share in his property or if any money or both as a share in any business or other interest as consideration for the marriage of his son or daughter or any other relative.

THE SPECIAL MARRIAGE ACT, 1954

THE SPECIAL MARRIAGE ACT, 1954

(Act No.43 of 1954)[9th October 1954]

An Act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce.
Be it enacted by Parliament in the Fifth Year of the Republic of India as follows:
1. Short title, extent and commencement- (1) This Act may be called the Special Marriage Act, 1954.
(2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to citizens of India domiciled in the territories to which the Act extends who are in the State of Jammu and Kashmir.
(3) It shall come into force on such date, i.e.1st January, 1955 as the Central Government may, by notification in the Official Gazette, appoint.
2. Definitions- In this Act, unless the context otherwise, requires,-
(a) (* * * *) Omitted
(b) "degrees of prohibited relationship" - a man and any of the persons mentioned in Part I of the First Schedule and a woman and any of the persons mentioned in Part II of the said Schedules are within the degrees of prohibited relationship. Explanation I.- Relationship includes,-a) relationship by half or uterine blood as well as by full blood:b) illegitimate blood relationship as well as legitimate;c) relationship by adoption as well as by blood;and all terms of relationship in this Act shall be construed accordingly.Explanation II.- "Full blood" and "half blood"- two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives. Explanation III.- "Uterine blood"- two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands.Explanation IV.-In Explns. II and III. "ancestor" includes the father and "ancestress" the mother;
(d) "district", in relation to a Marriage Officer, means the area for which he is appointed as such under sub-section (1) or sub-section (2) of Sec.3;
(e) "District Court" means, in any area for which there is a City Civil Court, and in any other area, the principal Civil Court of original jurisdiction, and includes any other Civil Court which may be specified by the State Government by notification in the Official Gazette as having jurisdiction in respect of the matters dealt with in this Act:
(f) "prescribed" means prescribed by rules made under this Act;
(g) "State Government", in relation to a Union territory, means the Administrator thereof.

Solemnization of Special Marriages

4. Conditions relating to solemnization of special marriage.-

Notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled namely:
(a) Neither party has a spouse living:
(b) neither party-
(i) is incapable of giving a valid consent to it in consequence of unsoundness of mind, or
(ii) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(iii) has been subject to recurrent attacks of insanity or epilepsy;
(c) the male has completed the age of twenty-one years and the female the age of eighteen years;
(d) the parties are not within the degrees of prohibited relationship:Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship: and
(e) where the marriage is solemnized in the State of Jammu and Kashmir, both parties arecitizens of India domiciled in the territories to which this Act extends.Explanation- In this section, "customs, in relation to a person belonging to any tribe, community, group or family, means any rule which the State Government may, by notification in the Official Gazette, specify in this behalf as applicable to members of that tribe, community, group or family:Provided that no such notification shall be issued in relation to the members of any tribes, community, group or family, unless the State Government is satisfied-
(i) that such rule has been continuously and uniformly observed for a long time among those members;
(ii) that such rule is certain and not unreasonable or opposed to public policy; and
(iii)that such rule is applicable only to a family, has not been discontinued by the family.
5. Notices of intended marriage.- When a marriage is intended to be solemnized under this Act, the parties of the marriage shall give notice thereof in writing in the Form specified in the Second Scheduleto the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given.
6. Marriage Notice Book and publication.- (1) The Marriage Officer shall keep all notices given under Sec. 5 with the records of his office and shall also forthwith enter a true copy of every such notice in a book prescribed for that purpose, to be called the Marriage Notice Book, and such book shall be open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same.
(2) The Marriage Officer shall cause every such notice to be published by affixing a copy thereof to some conspicuous place in his office.

THE FOREIGN MARRIAGE ACT, 1969

THE FOREIGN MARRIAGE ACT, 1969

(33 of 1969)(31st August, 1969)

An Act to make provision relating to marriages of citizens of India outside India.

BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows

PRELIMINARY

1. Short title:

This Act may be called the Foreign Marriage Act, 1969.

2. Definitions:

In this Act, unless the context otherwise requires;
(a) "degrees of prohibited relationship" shall have the same meanings as in the Special Marriage Act, 1954 (43 of 1954);
(b) "district", in relation to a Marriage Officer, means the area within which the duties of his office are to be discharged;
(c) "foreign country" means a country or place outside India, and includes a ship which is for the time being in the territorial waters of such a country or place;
(d) "Marriage Officer" means a person appointed under Section 3 to be a Marriage Officer;
(e) "official house", in relation to a Marriage Officer, means -
(i) the official house or residence of the officer
(ii) the office in which the business of the officer is transacted;
(iii) a prescribed place; and
(f) "prescribed" means prescribed by rules made under this Act.

3. Marriage Officers:

For the purposes of this Act, the Central Government may, by Notification in the Official Gazette, appoint such of its diplomatic or Consular Officers as it may think fit to be Marriage Officer for anyforeign country.
Explanation.- In this Section, `diplomatic officer' means an ambassador, envoy, minister, high commissioner, commissioner, charge d' affairs or other diplomatic representative or a counsellor or secretary of an embassy, legation or high commission.

4. Conditions relating to solemnization of foreign marriages:

A marriage between parties one of whom at least is a citizen of India may be solemnized under this Act by or before a Marriage Officer in a foreign country, if, at the time of the marriage, the following conditions are fulfilled, namely:-
(a) neither party has a spouse living,
(b) neither party is an idiot or a lunatic,
(c) the bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of the marriage, and
(d) the parties are not within the degrees of prohibited relationship :
Provided that where the personal law or a custom governing at least one of the parties of a marriagebetween them, such marriage may be solemnized, notwithstanding that they are degrees of prohibited relationship.

5. Notice of intended marriage:

When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the First Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given, and the notice shall state that the party has so resided.

6. Marriage Notice Book:

The Marriage Officer shall keep all notices given under Section 5 with the records of his office and shall also forthwith enter a true copy of every such notice in a book prescribed for that purpose, to be called the "Marriage Notice Book", and such book shall be open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same.

7. Publication of notice:

Where a notice under Section 5 is given to the Marriage Officer, he shall cause it to be published;
(a) in his own office, by affixing a copy thereof to a conspicuous place, and
(b) in India and in the country or countries in which the parties are ordinarily resident, in the prescribed manner.

8. Objection to marriage:

(1) Any person may, before the expiration of thirty days from the date of publication of the notice under Section 7, object to the marriage on the ground that it would contravene one or more of the conditions specified in Section 4.
Explanation - Where the publication of the notice by affixation under clause (a) of Section 7 and in the prescribed manner under clause (b) of that section is on different dates, the period of thirty days shall, for the purposes of this sub-section, be computed from the later date.
(2) Every such objection shall be in writing signed by the person making it or by any person duly authorised to sign on his behalf, and shall state the ground of objections; and the Marriage Officer shall record the nature of the objection in his Marriage Notice Book.

9. Solemnization of marriage where no objection made:

(1) If an objection is made within the period specified in Section 8 to an intended marriage, then, on the expiry of that period, the marriage may be solemnized.

10. Procedure on receipt of objection:

(1) If an objection is made under Section 8 to an intended marriage, the Marriage Officer shall not solemnize the marriage until he has inquired into the matter of the objection in such manner as he thinks fit and is satisfied that it ought not to prevent the solemnization of the marriage if the objection is withdrawn by the person making it.
(2) Where a Marriage Officer after making any such inquiry entertains a doubt in respect of any objection, he shall transmit the record with such statement respecting the matter as he thinks fit to the Central Government; and the Central Government, after making such further inquiry into the matter and after obtaining such advice as it thinks fit, shall give its decision thereon in writing to the MarriageOfficer, who shall act in conformity with the decision of the Central Government.

11. Marriage not to be in contravention of local laws:

(1) The Marriage Officer may, for reasons to be recorded in writing, refuse to solemnize a marriageunder this Act if the intended marriage is prohibited by any law in force in the foreign country where it is to be solemnized.

09 March 2011

**How to register births and deaths in India for foreigners**

***I am currently updating this section. Watch out this space.***

Indonesian Embassy in New Delhi or Indonesian Consulate General in Mumbai can register the birth of a child born in India to Indonesian Nationals who themselves were born, registered or naturalised in Indonesia on payment of the necessary registration fee. Indonesian Embassy or Conculate can also register the death of an Indonesian National in India. Details of the documentation required and application forms for birth & death registration are given below:

Birth Registration - Documentation required:
  • Completed birth registration form 
  • The child's municipal birth certificate; 
  • A doctor's/hospital report in respect of the child's birth; 
  • An affidavit or baptismal certificate in support of the child's name, if the name does not appear on the birth certificate; 
  • Both parents' passports (covering the period around the child's birth); 
  • Parents' marriage certificate. If the marriage took place in India the certificate MUST be issued under the provisions of either the Special Marriage Act 1954 or the Hindu Marriage Act 1955. Church marriages are covered by the Special Marriage Act 1954; 
  • A divorce certificate and, if appropriate, evidence of the termination of any previous marriage of either parent; 
  • The father's long birth certificate or, if born outside Indonesia, documentary evidence of his claim to Indonesian nationality, e.g. naturalisation or registration certificate. 
  • The mother's long birth certificate or, if born outside Indonesia, documentary evidence of her claim to Indonesian nationality. 
  • Fee in cash if you are calling personally at the Consular Section Counter.

Death Registration - Documentation required:
  • Completed Death Registration Form 
  • Municipal death certificate of the deceased (with a notarised English translation where applicable); 
  • Cremation or burial certificate; 
  • Doctor's/hospital report detailing cause of death; 
  • Passport and nationality certificate of the deceased; 
  • Fee in cash if you are calling personally at the Consular Section Counter.

08 March 2011

**If you need lawyer in India**

The following are lists of lawyers in India. All the firms and persons listed correspond in English.


·  List of lawyers in Northern India
·  List of lawyers in Western India
·  List of lawyers in Southern India
·  List of lawyers in Eastern India

Lawyers in Northern India
NEW DELHI & DELHI
Mr R K P Shankardass
B-12 Maharani Bagh
New Delhi 110014
Tel. 26830636 Fax : 26848104
Chamber : Lawyers Chamber No. 87
Supreme Court of
India, New Delhi
Tel. 23383703/23782115
Fax. 23381041
(Barrister-at-Law)
Hon. Legal Adviser to the British High Commissioner
Mr Ashish Kumar Sharma
Advocate
K/14-B, Saket
New
Delhi – 110 017
Chamber:661, Western Wing  Tis Hazari Courts, Delhi-54
Tel. Chamber : 23954219
Mobile : 98100-65268
Office cum Resi :26564810/26524604
E-mail : ashish.sharma@justice.com
ashish_sharma35@hotmail.com
Specialises in criminal, customs,foreign exchange (FERA), NDPS,Foreigners Act, Accidental claims, drafting of all kinds of Indian/Foreign Collaboration agreements/contracts, all types of banking cases, Civil matters i.e. property disputes and matrimonial disputes.
S N Verma and Company
Solicitors and Advocates, Supreme Court of India
C-535 Planning Commission
Yojana Vihar, Vikas Marg Extension
New Delhi 110092
Tel Chamber : 23950402, 23963722
Mobile: 921398972
Fax: 23983267,23964042
e-mail:snvarma.advocate@gmail.com
Specialises in forming joint ventures, foreign collaborations, trade mark, patent, copyright and design attorneys
Dr V K Agarwal
Solicitor, Advocate & Notary
Universal Advisory Services
812, Surya Kiran Building
19, Kasturba Gandhi Marg
New Delhi – 110 001
Tel: 011 23320670/23355957
Fax: 011 23320592
Home: 011 22723083
E-mail: vinod46@hotmail.com
Web: www.attorneyindia.com
External commercial borrowing agreements, infrastructure projects and agreements, power sector agreements, oil sector agreements, foreign investments, Arbitration’s, adoptions, child custody, estate disputes, immigration cases 
Lawyers Collective
(Women’s Rights Initiative)
63/2,
GF Masjid Road, Jangpura
New Delhi-110014
Tel: 24373904,24372923
Fax:24372993
E-mail: wri.delhi@layerscollective.org
Web: Wri@vsnl.net
Women’s Rights, HIV AIDS cases
Mrs Sarita Kapoor
Advocate
B-12 Maharani Bagh, New Delhi-110065
Tel: 26830636, Fax: 26848104
Mobile: 9899281000
Constitutional Law, Corporate & Commercial Laws, Employment Laws, Property, Marriage&Divorce, Succession, Births & Deaths, Dispute Resolution, Arbitration matters
Mr Rajeev Awasthi
Awasthi & Associates, 235 Lawyers Chamber Delhi High Court
New
Delhi 110003
Tel. Chamber : 23389279/23387018
Tel Res : 26125190
Mobile : 09810558550
Fax : 91 011 23384726
E-mail:awasthinassociates31@rediffmail.com
Criminal-customs, NDPS, NCB, accidents, COFEPOSA, FERA, Immigration Consultancy, property matters, corporate law, matrimonial cases, child custody and adoption, intellectual property matters, information technology and arbitration cases both India and abroad, succession cases, foreign collaboration agreements and Cyber laws.
International Law Affiliates
Advocates and Legal Consultants
901-905 Naurang House,
21 Kasturba Gandhi Marg, ND-110001
Tel: 91 11 41001010, 41012000
Fax: 91 11 41012004
E-mail: law@vsnl.com
Contact: Mr Amir Singh Pasrich
(Managing Partner)
Mr P S Negi
(Manager – Administration)
Commercial & International Law related work including Corporate, Labour, Aviation, Anti-Trust, Foreign Exchange & Regulatory Law, Civil Disputes, Arbitration and Litigation, JV/Collaborations and infrastructure, advises several Governments, Airlines and Multi-national Companies. The firm has its allfiliate offices in Mumbai & Bangalore and associated practices in Chandigarh, Chennai, Cochin, Lucknow, Jaipur Ahmedabad, Kolkata etc.
Mehra & Co.
Advocates & Legal Consultants
Chambers: 216 Lawyers Chambers
Delhi High Court, New Delhi-110003
Tel:91 1123383505,23387987
Mobile: 98100831000
Joint Ventures/Foreign Collaborations, Foreign Investment, Formation of Companies, Mergers & Acquisations, Commercial & International Law, Maritime Law, Arbitration & Conciliation, Foreign Exchange Control Regulations, Intellectual Property Rights, Adoption, Child Custody, Matrimonial & Family Laws, Criminal Law(Including Customs & Narcotics), Immigration Laws, Environmental Law, Telecommunication Laws, Property Law

07 March 2011

**How to legalise a document in India**

What is legalisation?

Legalisation is the official confirmation that a signature, seal or stamp on a document is genuine. But having a document legalised doesn’t mean that its contents are accurate, and it does not carry any sort of official approval by the Foreign Affairs Ministry Office.

Can I legalise a document in India?

No, Indonesian Embassy in New Delhi and Consulate General in Mumbai cannot legalise documents but they can forward them for a fee to the legalisation office in Indonesia. Alternatively you can send them directly to the legalisation office in Indonesia. Before sending the documents to the legalisation office please check do contact to the Indonesian Embassy in New Delhi or Consulate General in Mumbai.

The Indonesian Embassy and Consulate General have no powers to undertake notarial acts, administer oaths or take affidavits which will be effectual in Indonesia. You are thus required to contact a local Notary Public or an advocate as the competent authority under Indian law.
Indonesian Consular at the Embassy and Consulate General can, however, certify copies of some documents, such as Indonesian passports or Indonesian birth/death certificates, if they are required for administrative purposes. This is not the same as legalising or verifying the genuiness of a document.

How can I get my documents legalised?

You can send them to the legalisation office in Indonesia. Before sending the documents to the legalisation office please check do contact to the Indonesian Embassy in New Delhi or Consulate General in Mumbai.

Why do documents need to be legalised?

If you are going to use Indonesian documents overseas, for business or personal reasons, you’ll probably be asked to have your documents legalised before they can be accepted. The  stamp of authenticity gives the person you’re dealing with complete confidence that it’s the genuine article.

What documents do I need to legalise?

We can’t tell you that, because it depends on the local requirements. Only the authority or organisation you’re dealing with can give you that information. But you may be able to get advice from the Embassy or Consulate General of the country you’re travelling to.

06 March 2011

**Registration of Marriage in India**

A marriage in India is required to be registered in most of the cases. The state governments have or are planning to make the registration of marriage compulsory in all the cases. A marriage certificate is also required in most cases for visa purposes.

Moreover, the Indian Special Marriage Act, 1954, which applies to all citizens irrespective of their religion, requires the registration of marriages by a marriage officer.

The Indian Christian Marriage Act, 1872, makes the registration compulsory, as it provides for entry in a marriage register kept in the Church soon after the marriage ceremony along with the signatures of the bride and bridegroom.

The Hindu Marriage Act, 1955, certain provisions exist for the registration of the marriages, but it had been left to the discretion of the families of the bride and bridegroom to either solemnize the marriage before a registrar or register it after the ceremony in traditional way. The non-registration of a marriage does not invalidate it under the Hindu Marriage Act.

The Parsi Marriage and Divorce Act, 1936, makes the registration compulsory.

Registering of Marriage will be made Compulsory in India

Recently, the Supreme Court of India gave the final deadline to the states and Union Territories to frame laws to make the registration of marriages compulsory, as a majority of them have failed to comply with its earlier order of February 2006 in this regard.

05 March 2011

**Personal Laws of Marriage and Divorce in India**

India is a land of many cultures and religions. Each citizen of India is entitled to have his own personal laws in the matter of marriage and divorce.

There are different rules and regulations for different religions. For example there are Hindu Marriage Act, Muslim Marriage Act, and Christian Marriage Act and for the Parsee there is Parsee Marriage and Divorce Act.

In case of the Hindus, Sikhs, Jains and Buddhists, they are governed by the Hindu Marriage Act, 1955, which provides for the conditions of a marriage where under the bridegroom should be the age of 21 years and bride of 18 years, they both should not be within the degree of prohibited relationship.

Divorce under the Hindu Marriage Act 1955 can be obtained on the various grounds.

Muslims also have their own personal law, which states that Nikah or marriage is a contract and may be permanent or temporary and permits a man four wives if he treats all of them equally.

Similarly for the Parsees there is a Parsee Marriage & Divorce Act, 1939, which governs the provisions of their marriage and law.

For Indian Christian there is a Indian Christian Marriage Act 1889.

04 March 2011

**Marriage in India under the Special Marriage Act**


The Indian Special Marriage Act 1954 permits marriages between persons who are not of the same community or who have different religions or nationalities. The scope of the Act includes the entire territory of India and extends to intending spouses who are both Indian nationals living abroad.

The groom must be at least 21 years old, while the bride must be at least 18 years of age. Both parties should have full mental capacity and not be currently married. Parties to the marriage must provide notice of their intention to solemnize the marriage before a marriage officer in the district where at least one of the parties has resided for at least 30 days prior to the notice. Notice of the intended marriage is entered into the Marriages Notice Book, which is open for public inspection with an inspection fee. The public has the right to object to the marriage for the following 30 days. Any objections must be investigated and resolved within an additional 30 days.

Prior to the solemnization of the marriage, the parties and three witnesses must sign a declaration in front of a marriage officer, who will also sign the document. The marriage may be solemnized in any form that the parties wish to adopt as long as the solemnization occurs at the marriage officer's office or any place that the marriage officer sanctions. The marriage must include the exchange of the following statement: "I (name of self) take you (name of partner) to be my lawful (wife or husband)." After the solemnization, the marriage officer will enter the certificate in the Marriage Certificate Book. The parties and the three witnesses must sign the certificate. The entry of the certificate in the book is deemed conclusive evidence of a lawful marriage.

Any marriage in India may be registered under this Act. The parties must jointly apply for the marriage registration. After 30 days of notice to the public, the marriage officer will enter the certificate into the Marriage Certificate Book. The spouses and three witnesses must sign the certificate.

03 March 2011

**How to marry in India for foreigners**

**Marriage Procedures in India
for NRI's, PIO's or Foreigners**

An NRI, a PIO or a Foreigner (Indonesians, American, Canadians, British and others) who wants to marry in India has the following choices:
  1. Religious Marriage Ceremony
  2. Civil Marriage Ceremony

1. Religious Marriage Ceremonies in India

In India, a religious marriage ceremony is considered a legal marriage. However registration of marriage is now a legal requirement in most of the states in India. Moreover, for visa and immigration purposes a formal marriage certificate from the Registrar of Marriages is required. There are different rules and regulations for different religions. For example there are Hindu Marriage Act, Muslim Marriage Act, and Christian Marriage Act and for the Parsee there is Parsee Marriage and Divorce Act.
If one of the parties is a citizen of another country like Indonesia, USA, UK or other, the registrar may request a “No Objection Certificate” from the Embassy or Consulate of that country, and also may request proof of termination of any previous marriages, before a marriage certificate will be issued.
For example, if one of the parties is an Indonesian citizen, the registrar may request a “No Objection Certificate” from the Indonesian Embassy or Consulate, and also may request proof of termination of any previous marriages, before a marriage certificate will be issued.


A. Hindu Marriage Ceremony

The Hindu Marriage Act of 1955 is applicable to Hindus, Jains, Sikhs and Buddhists. A religious marriage which has already been solemnized can be registered under the Hindu Marriage Act, 1955. The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs or where they have converted into any of these religions. The Hindu Marriage Act provides for the conditions of a marriage where under the bridegroom should be the age of 21 years and bride of 18 years, they both should not be within the degree of prohibited relationship.
The documents required for registering a marriage under the Hindu Marriage Act are as follows:
  • Application form duly signed by both husband and wife
  • Documentary evidence of date of birth of parties (Matriculation Certificate / Passport / Birth Certificate) Minimum age of both parties is 21 years at the time of registration under the Special Marriage Act
  • Ration card of husband or wife whose area SDM has been approached for the certificate

02 March 2011

**History of inter-ethnic Marriage in India**


An oil painting of Khair-un-Nissa
by George Chinnery. c. 1805.
She was an Indian Hyderabadi
noblewoman who married the
British Lieutenant Colonel
James Achilles Kirkpatrick.
The Indian subcontinent has a long history of inter-ethnic marriage dating back to ancient history. Various groups of people have been intermarrying for millennia in South Asia, including groups as diverse as the Dravidian, Indo-Aryan (Indic), Iranian, Austro-Asiatic and Tibeto-Burman peoples. This was particularly common in the northwestern and northeastern parts of the subcontinent. In the northeast, Northern Indian men (of largely "Indic" stock) often intermarried with North-East Indian women (of largely "Mongoloid" stock); for example, the ancient epic Mahabharata describes the indigenous people of the northeast as "exotic" and depicts Arjuna taking several wives there. Meanwhile in the northwest (mainly modern-day Pakistan), invading Persians, Indo-Scythians, Indo-Hephthalites, Indo-Greeks and Mughals often took local wives in that region during Antiquity and the Middle Ages.








Rahul Gandhi, a member of the
Indian Parliament, is the son of
an Indian father (Rajiv Gandhi)
and Italian mother (Sonia Gandhi).
According to the controversial Indo-Aryan migration theory, Indo-Iranian nomadic groups ("Aryans") from Central Asia migrated to India more than 3,000 years ago. In turn, the Indo-Iranian languages are descended from the Indo-European languages speakers from who may have origins around the Black Sea. According to 19th century British historians, it was these "Aryans" who and established the caste system, an elitist form of social organization that separated the "light-skinned" Indo-Aryan conquerors from the "conquered dark-skinned" indigenous Dravidian tribes through enforcement of "racial endogamy". Much of this was simply conjecture, fueled by British imperialism. British policies of divide and rule as well as enumeration of the population into rigid categories during the tenure of British rule in India contributed towards the hardening of these segregated caste identities. Since the independence of India from British rule, the British fantasy of an "Aryan Invasion and subjugation of the dark skinned Dravidians in India" has become a staple polemic in South Asian geopolitics, including the propaganda of Indophobia in Pakistan. There is no decisive theory as to the origins of the caste system in India, and globally renown historians and archaeologists like Jim Shaffer, J.P. Mallory, Edwin Bryant, and others, have disputed the claim of "Aryan Invasion".

01 March 2011

**India Travel Tips - Useful Traveling Tips While Traveling in India**

Clothing
Travel as light as possible. Clothing and laundry are both quite inexpensive.
Its better for women to avoid tank tops or short skirts / shorts. The best outfit, especially during the hot summers, is a T-shirt worn with loose cotton trousers. You can purchase them anywhere in India, at very reasonable rates, at any of the shops. Adventurous ladies can try wearing the Indian 'salwar-kameez'. It is comfortable and free sized.

Social Interaction
If you give the impression of being from a different country, chances are that you might be stared at, especially in the smaller towns. Don't be offended - they mean no harm, it is just curiosity.

**India Travel Guide - Useful India Travel Information**

India Travel Guide - Useful India Travel Information
"If there is one place on the face of earth where all the dreams of living men have found a home from the very earliest days when man began the dream of existence, it is India!" - French scholar Romaine Rolland
India in Nutshell

The history of India dates back to 5000 years back when India's first major civilisation flourished along the Indus River valley. The Indus civilization at one point of time extended nearly a million square kilometres across the Indus river valley and existed at the same period as the ancient civilizations of Egypt and Sumer but far outlasted them. Aryans came around 1500 BC and were mainly responsible for collapse of Indus Valley civilisation. The Four Vedas or the important books of Hinduism/India were compiled in this period.

The modern India got its independence from Britain in 1947 after a long struggle led mostly by Mahatma Gandhi. However, the country was divided into two countries, in the process of becoming independent. Post independence, India has made huge progress inspite of great problems, and has developed its industry and its agriculture, and has maintained a system of government which makes it the largest democracy in the world.

In a country as diverse and complex as India, it is natural to find that people here reflect diverse culture, traditions and values and the rich glories of the past, habits and food that will always remain truly Indian. Ethnically Indians speak different languages, follow different religions, eat the most diverse varieties of food all of which add to the rich Indian culture. Vibrant Indian cities are home to world-renowned temples and palaces, while the tranquil coast offers the perfect recipe for rest, recuperation and a sense of peace. A lot of festivals like Diwali, Holi, Id, Christmas, Mahaveer Jayanthi are all celebrated by sharing sweets and pleasantries with family, neighbours and friends.