What is foreign national marriage?
The Special Marriage Act applies to any two eligible persons regardless of nationality. The residence condition is usually met by the Indian partner, but authorities will closely check the foreign partner's identity, marital status and visa.
Requirements vary by nationality. Some embassies issue a certificate of no impediment; others issue an affidavit or declaration of single status. Some documents need apostille or consular attestation.
Who may need this service
- Indian citizens marrying a foreign national
- OCI cardholders marrying in India
- Foreign nationals living in Delhi NCR for work or study
Legal framework
Special Marriage Act, 1954 (sections 4 to 14). The Foreign Marriage Act, 1969 applies to marriages solemnised outside India where at least one party is an Indian citizen.
Visa rules under Indian immigration law also matter; a marriage does not by itself change a foreign partner's visa status.
Eligibility and key conditions
- Legal age under Indian law
- No living spouse (evidence from the country of nationality may be required)
- Residence of one party in the district for 30 days
Documents generally required
- Passport and valid Indian visa of the foreign partner
- Certificate of no impediment or single status, as the authority requires
- Apostille or embassy attestation where applicable
- Divorce decree or death certificate of former spouse, with attestation if foreign
- Indian partner's ID, age and residence proof
- Photographs and three witnesses
Document requirements may vary depending on the applicable legal route, individual circumstances and the concerned authority.
Procedure
- Check nationality-specific requirements. Find out what the embassy issues and how long it takes.
- Prepare and attest documents. Arrange apostille or attestation.
- Notice. Submit notice to the Marriage Officer.
- 30-day period. Wait for the objection period.
- Solemnisation and certificate. Marry before three witnesses; get the certificate apostilled if needed abroad.
Common problems we see
- Embassy documents taking weeks
- Visa expiring during the notice period
- Foreign divorces not properly documented
How an advocate can help
- Prepare a nationality-specific checklist
- Coordinate timelines
- Advise on apostille and visa implications
Where we assist
We assist couples across Delhi and Delhi NCR, including Noida, Greater Noida, Ghaziabad, Gurugram, Faridabad. The authority you approach depends on where you live and, for registration, where the marriage took place.
Related services
Legal guides
Frequently Asked Questions
Can a foreigner marry an Indian in Delhi?
Does the foreign partner need to live in Delhi for 30 days?
Does marriage change the foreign partner's visa?
Disclaimer: This page gives general information about the law and procedure as understood at the time of writing. It is not legal advice for your situation. Requirements may vary depending on the parties' circumstances, applicable law, jurisdiction and the concerned authority, and rules and forms change from time to time. Please consult an advocate before acting.