Destination Wedding In India: Legal For Us Citizens?

Planning a destination wedding in India? Here's what you need to know. The process for an American citizen to get married in India depends on whether the couple wants a religious or civil ceremony. If you're marrying under the Hindu Marriage Act, you may need to register your marriage with the Registrar of Marriages. If you're marrying under a different religious ceremony, the certificate issued by the religious authority is generally sufficient proof of marriage. For civil ceremonies, you'll need to follow the Special Marriage Act, which may require a no objection letter and proof of termination of any previous marriages. It's important to check with the Indian authorities and your local U.S. Embassy for specific requirements and procedures.

Religious vs civil ceremony

In India, a religious marriage ceremony is generally considered a legal marriage. However, there are some differences between religious and civil ceremonies that couples should be aware of when planning their destination wedding in India.

Religious Ceremony

A religious ceremony in India is typically held in a house of worship, such as a temple, church, mosque, or gurudwara, and is officiated by a religious official such as a priest, rabbi, or minister. The rituals, scripture, and songs included in the ceremony are often specific to the religion being practised. For example, Christian ceremonies may include communion, hymns, and a sermon, while Hindu ceremonies may involve different rituals and traditions. It is important to note that for marriages registered under the Hindu Marriage Act, which includes Hindus, Jains, Sikhs, and Buddhists, the certificate issued by the temple or gurudwara may not be legally sufficient for all purposes. In such cases, individuals may need to obtain a formal marriage certificate from the Registrar of Marriages.

Civil Ceremony

A civil ceremony, on the other hand, does not include any religious or spiritual elements. It is a legal wedding ceremony performed by a certified officiant but without the traditional religious aspects such as prayer, scripture readings, or a religious officiant. Civil ceremonies can be conducted in a variety of venues, including non-traditional locations like beaches, forests, or vintage farms, as long as the couple obtains a permit for public spaces. The length of a civil ceremony can vary, ranging from a few minutes to an hour, and couples often have more flexibility to personalise their vows and the overall structure of the ceremony.

Choosing Between a Religious and Civil Ceremony

The choice between a religious and civil ceremony ultimately depends on the beliefs and preferences of the couple. If one or both members of the couple follow a specific religion or regularly attend religious services, a religious ceremony may be more meaningful and aligned with their values. On the other hand, if the couple does not identify with a particular religion or prefers a more secular approach, a civil ceremony may be more suitable. Additionally, couples who wish to have more control over the structure and venue of their wedding may opt for a civil ceremony, as religious ceremonies often have set traditions and may require the couple to be official members of the congregation.

Requirements for US Citizens Marrying in India

Regardless of whether a religious or civil ceremony is chosen, there are certain requirements that US citizens must fulfil when marrying in India. These include obtaining a "no objection letter" from the local US Embassy/Consulate and, in some cases, registering the marriage under the Special Marriage Act, especially if the couple belongs to different religions. It is important to note that the marriage certificate issued by the religious or civil authority in India may not always be sufficient for US immigration purposes, and additional documentation may be required to prove the legality of the marriage.

Obtaining a marriage certificate

If one of the parties is not Indian, the registrar may request a "no objection letter" and proof of termination of any prior marriages. The "no objection letter" can be obtained by making an appointment at the local U.S. Embassy/Consulate and signing an affidavit regarding your marital status and eligibility to marry. Affidavit fees and appointments are required.

For marriages performed under the Special Marriage Act, which includes civil ceremonies and marriages between individuals of different religions, registration with the local marriage registrar may be required. This process may also necessitate a "no objection letter" and proof of termination of any previous marriages. Additionally, there is a waiting period of at least 30 days from the date of the initial application to formalize the marriage. During this time, a marriage officer will publish a newspaper advertisement, allowing for any objections to the marriage to be raised.

Once the marriage ceremony has been performed, the couple will need to obtain a marriage certificate that is legally recognized by the U.S. government. The specific documents required may vary, but in general, the marriage must be registered with the Indian government, and the certificate must be obtained from the proper source as outlined by the U.S. State Department's Country Reciprocity Schedule.

For US citizens who are already married in India and require a marriage certificate, they can apply for it through the Embassy of India in Washington, DC, or the Consulate General of India in Chicago or San Francisco. The application process typically involves submitting a completed Miscellaneous Application form, notarized copies of passports, proof of US visa status, and proof of residence. The fee for this service is $25 per copy of the marriage certificate, plus an additional $2 towards the Indian Community Welfare Fund per application. The processing time varies between different consulates, with Washington, DC, quoting ten working days, Chicago quoting 4-5 business days, and San Francisco quoting 28 business days.

No objection letter

A "no objection letter" is a document that may be requested by Indian authorities if a US citizen wants to get married in India. This letter is an affidavit in which the citizen states that they are not currently married and are eligible to marry. The US consulate can help prepare this document, which can be obtained by making an online appointment and visiting a local embassy/consulate. The citizen will need to bring their passport and pay the relevant fees.

The procedure for a US citizen to get married in India depends on whether the marriage will be a religious or civil ceremony. For religious ceremonies, the marriage certificate issued by the relevant religious authority is generally considered sufficient proof of marriage. However, for marriages registered under the Hindu Marriage Act, the certificate may not be legally sufficient for all purposes, and individuals may need to seek a formal marriage certificate from the Registrar of Marriages.

If the marriage is a civil ceremony, or if the couple are of different religions, the marriage must be registered under the Special Marriage Act. This requires a waiting period of at least 30 days from the date of the initial application to allow for any objections to the marriage to be raised.

It is important to note that the US Embassy/Consulates in India do not register marriages.

Affidavit requirements

The affidavit requirements for a US citizen to have a destination wedding in India depend on whether the parties wish to participate in a religious or civil ceremony, and whether the US citizen is marrying an Indian citizen.

Religious Ceremonies

A religious marriage ceremony in India is generally considered a legal marriage. However, for marriages registered under the Hindu Marriage Act (which applies to Hindus, Jains, Sikhs, and Buddhists), the certificate issued by the temple or gurudwara may not be legally sufficient for all purposes. In this case, individuals may need to obtain a formal marriage certificate from the Registrar of Marriages. If one party is not Indian, the registrar may request a "no objection letter" and proof of termination of any prior marriages. This "no objection letter" can be obtained by making an appointment at the local US Embassy/Consulate and signing an affidavit regarding your marital status and eligibility to marry. Affidavit fees and appointments are required.

If the marriage is a Christian, Muslim, Parsi, Jewish, Baha'i, or other religious ceremony, the certificate issued by the religious authority is generally sufficient proof of marriage, and no certificate from the marriage registrar is necessary.

Civil Ceremonies

Civil ceremonies are performed pursuant to the Special Marriage Act. Couples of different religions should register their marriage under this Act, even if a religious ceremony has also been performed. This may also require a "no objection letter" and proof of termination of any previous marriages.

Marrying an Indian Citizen

If a US citizen is marrying an Indian citizen, the procedure for obtaining a "no objection letter" is the same as above. However, there are additional affidavit requirements for the solemnization/registration of the marriage. The US citizen and their Indian partner, along with three witnesses who are Indian nationals with valid visa status, must be physically present and sign before the Consular Officer. The following documents are required:

• Completed "Miscellaneous Services" application forms with one passport-size photo affixed.
• Original passports of all five individuals (couple and three witnesses) plus one photocopy of the first and last pages.
• Copy of proof of address (e.g. utility bill, driver's license, or lease agreement) of all five individuals.
• Copy of valid visa/green card of all five individuals.
• Notice of intended marriage (4 copies).
• Advertisement of intended marriage.
• Declaration by the prospective bride and bridegroom in duplicate.
• Sworn affidavit by the prospective bride and bridegroom in duplicate.
• Four identical, passport-size, recent photographs each of the prospective bride and bridegroom.
• Fee of US$50.00 and US$2.00 towards ICWF, payable by cashier's check or money order in favor of the Consulate General of India.

Marriage registration

Marriages in India can be either religious or civil ceremonies. The procedure for US citizens to get married in India depends on the type of ceremony they wish to have.

Religious Ceremonies

A religious marriage ceremony in India is generally considered a legal marriage. However, for marriages registered under the Hindu Marriage Act (which applies to Hindus, Jains, Sikhs, and Buddhists), the certificate issued by the temple or gurudwara may not be legally sufficient for all purposes. In such cases, individuals may need to obtain a formal marriage certificate from the Registrar of Marriages. If one of the parties is not Indian, the registrar may request a "no objection letter" and proof of termination of any prior marriages.

For marriages performed in a Christian, Muslim, Parsi, Jewish, Baha'i, or other religious ceremony, the certificate issued by the religious authority (e.g. the church's marriage certificate or the mosque's nikah nama) is generally sufficient proof of marriage, and no additional certificate from the marriage registrar is necessary.

Civil Ceremonies

Civil ceremonies are performed pursuant to the Special Marriage Act. Couples of different religions should register their marriage under this Act, even if a religious ceremony has also been performed. This may require a "no objection letter" and proof of termination of any previous marriages. There is a waiting period of at least 30 days from the date of the initial application to formalize the marriage, during which a marriage officer will publish a newspaper advertisement allowing for any objections to the marriage to be voiced.

Obtaining a "No Objection Letter"

If the Indian government requests a "no objection letter," this can be obtained by making an appointment at your local US Embassy/Consulate and signing an affidavit regarding your marital status and eligibility to marry. Affidavit fees and appointments are required.

If the marriage has already been solemnized in the USA, it can be registered at the Consulate General of India. The registration process requires the presence of the bride, bridegroom, and three witnesses who are Indian nationals with valid visa status. The following documents are required:

• Completed "Miscellaneous Services" application forms with a passport-size photo.
• Original passports and photocopies of all five individuals.
• Copy of proof of address (e.g. utility bill, driver's license, or lease agreement) for all five individuals.
• Copy of valid visas/green cards of all five individuals (not required for US nationals).
• Original marriage certificate and photocopy.
• Two identical, recent, passport-size photographs of the bride and bridegroom.
• Fee of US$50.00 and US$2.00 towards the Indian Community Welfare Fund (ICWF).

Frequently asked questions