There is no law in India that prohibits an Indian marrying with a foreigner in India.
Certainly, both must be legally of sound mind and competent enough to marry. The Special Marriage Act, 1954 is applicable where an Indian and a foreigner intent to marry in India.
On the other hand, when an Indian intends to marry in any other country, the Foreign Marriage Act, 1969 is applicable[15].
Thus, it can be implied that a marriage performed between an Indian and a foreigner is a civil marriage in nature.
In such a case, firstly a No Impediment Certificate/NOC from concerned Embassy and valid VISA is required. All other documents and the procedures to comply with are the same as any other civil marriage performed under the Special Marriage Act, 1954.
Though the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 are the two primary legislation governing the process of solemnization and registration of marriage in India, there are certain other legislation enacted to govern the process of marriage solemnization and marriage registration between certain minority religions in present in India.
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The Indian Christian Marriage Act, 1872, however, says that all Christian marriages shall be solemnized under its own provisions[16].It further, by the virtue of Sec. 4, lays down that apart from Christian-Christian marriages, the marriage of a Christian with a non-Christian must also be solemnized under this Act.
The general conditions are same as for the other marriages, i.e. the marriage should take place with free consent of the parties, bride and bridegroom should be of 18 and 21 years respectively, and neither party should have a spouse living.
Apart from this, following procedure is to be followed if marriage is performed under this Act:
A Christian Marriage is performed between the parties to the marriage according to the rituals that are regarded as essential and proper as per Minister or Priest performing the marriage. The marriage rituals compulsorily require presence of two witnesses apart from the minister or the priest performing the marriage.
If a marriage has not been performed within the period of two months after the issuance of the certificate of notice, such a marriage cannot be performed after the lapse of the two month period, and a fresh certificate of notice should be applied for in order to solemnize the marriage.
The Indian Christian Marriage Act, 1872, under Part IV deals with marriage registration performed under this Act. The parties are required to make an application for marriage registration to the concerned authority in whose Jurisdiction either party has been residing. The Marriage Register is where the Registrar, who was present and performed the marriage of the couple, registers the marriage.
The acknowledgement slip of the registration is signed by both the parties to the marriage along with their witnesses and it is attached to the register as a proof that the marriage was registered. These acknowledgement slips are sent out at the end of the month to the Registrar General of Births, Deaths and Marriages.
Indian Christian marriages can also be endorsed under a special provision without a prior notice.
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