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Marriage in Germany - Indian certificate of marriage eligibility
In Germany, marriages are only concluded at the registry office. Both fiancés must, among other things, present a certificate of marital status from their home country.
For Indian nationals, however, the relevant Indian law does not provide a formal legal basis for the issuance of a certificate of marital status. The Indian Special Marriage Act of 1954, which forms the relevant legal norm for all marriages that are not concluded between purely Hindu, purely Muslim or purely Christian believers of Indian nationality, lists in Chapter II, Sec. 4. the requirements that a person willing to marry must meet. The assessment of whether these requirements are met is the responsibility of either the responsible Indian registry office (Registrar of Marriages) or the responsible local court (magistrate). However, not all Indian states issue such a certificate. It is also not based on personal registers as in Germany. Therefore, please always ask your responsible registry office in each individual case which documents you need to present. If necessary, an application for an exemption from providing the certificate of marital status must be submitted.
This information is based on our previous knowledge and experience. No guarantee can be given for the completeness and correctness, in particular due to changes that have occurred in the meantime.
Marriage in India
You can no longer conclude marriages in the German diplomatic missions abroad.
Marriages concluded in India under Indian law are generally recognized in Germany if they meet all the legal requirements of the respective home country of the engaged couple (e.g. minimum age requirements).
In India you can get married according to civil law on the one hand and according to various religious traditions on the other:
- according to the 'Hindu Marriage Act' in the temple, if both betrothed are Hindus at the time of the marriage,
- according to the 'Christian Marriage Act' in the church, if at least one of the betrothed is a Christian and the other betrothed is not a Hindu within the meaning of the Hindu Marriage Act,
- according to 'Muslim tradition' in the mosque, if both fiancés are Muslims,
- according to the 'Special Marriage Act' in the registry office, for all other constellations.
Please contact the relevant Indian authorities to inquire about the documents and procedures required for your wedding.
Please note that different religious affiliations of the engaged couple in certain cases mean that a religious marriage ceremony remains ineffective. A civil marriage under the Special Marriage Act (Section 13 Special Marriage Act), on the other hand, generally leads to an effective marriage if the personal marriage requirements are met by both fiancés. The registration of a previously ineffective religious marriage with the registry office under the Special Marriage Act (Section 16 Special Marriage Act) does not lead to the subsequent effectiveness of the marriage.
You may be asked to submit a so-called. "No objection certificate - NOC", issued by the German diplomatic mission abroad. You can obtain this document, which confirms that you are fit to marry and that your diplomatic mission has agreed to your wedding, for a consular fee of € 25 (payable in rupees). The prerequisite for this, however, is the presentation of a - current German certificate of marital status - which you apply for at the responsible registry office in Germany and which you must present to us together with your passport. We will issue the NOC to you immediately.
In any case, have your marriage registered with the responsible Indian registry office and issue a formal marriage certificate with a registration number.
The embassy also recommends having your Indian wedding certified at the German registry office responsible for you. This is also how you get a German marriage certificate. Please contact your responsible German diplomatic mission for further information.
additional information can be found in the leaflet of the Federal Administration Office "Germans get married in India": leaflet "Germans get married in India
The information is based on our previous knowledge and experience. No guarantee can be given for the completeness and correctness, in particular due to changes that have occurred in the meantime.
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