Court Marriage of Non-resident Indians (NRI/NRIs)| Persons of Indian Origin (PIO/PIOs) In Nepal
An Indian citizen who lives overseas, for work related purposes, or for vacation or are on a business trip are considered to be Non-Resident Indian. Persons that are employed by the UN organizations and are deployed overseas by the government or are assigned government related tasks. Non Resident foreign citizens of Indian origin receive similar privileges as that of Non- resident Indian citizens.
Non- resident Indian face difficulties in marriage registration process in India. The process is tiresome as it takes many days to complete the process. The minimum stay requirement is for 30 days in India and then after 30 days’ time period the notice, must be issued and the public hearing must take place. These gruesome phases make marriage registration in India to be undesirable and close to impossible. In such cases Nepal serves as a desired economic viable marriage registration destination.
NRI must consider following process for marriage registration:
1. Recommendation of single status or unmarried status
NRI hails from countries like USA UK and many other foreign destinations who choose to marry Indians residing in India.
There commendation of single status can be inferred from the following documents
- Certificate of no record
- Certificate of no impediment
- Single statutory declaration
- Certificate of legal capacity to contract marriage and so on
- Certificate of Nullla Osta
The Hindu marriage act 1955 and special marriage act 1954 does not mention about singlehood certificate.
Therefore for marriage registration an individual has to prepare an affidavit the affidavit is prepared by an advocate that is a registered in notary public services who then submits the notarized document before the judicial magistrate for official signing validation.District magistrate (DM) and sub-divisional magistrate (SDM) can voluntarily in his her discretion can voluntarily issue affidavit against that person a proof of singlehood that acts as an official singlehood certificate the certificate then goes to ministry of external affairs (MEA) for final seal with a stamp stamped and is validated
2. Single status of NRI or Indian origin foreign citizen
- Indians residing overseas must obtain no objection letter from their respective domiciled countries or concerned embassies situated locate in Nepal
US citizens– NRI residing in the US can obtain no objection letter from the American embassy located in Nepal.
Australian citizens-NRI residing in Australia can obtain no objection letter from after the department of justice in Australia issues certificate of singlehood then arriving in Nepal he she must obtain certificate of no impediment from the Australian embassy in Nepal
United Kingdom citizens-NRI residing in UK can obtain certificate of no impediment from the embassy of UK in Nepal or you may bring no impediment from United Kingdom
3. Laws relating to foreign marriage
The law of their respective countries must be translated for marriage registration in respect to foreigners in Nepal in case of Indian origin Japanese or a citizen from non-English countries or then in such situation uses she he must translate legal provisions relating to marriage in English from their respective countries of their embassies located in Nepal
4. Time Period
15 days stay in Nepal is a requirement for marriage registration in Nepal
Indians that desires to perform marriage registration in Nepal must stay in Nepal for minimum 15 days
On the 16th day the couple can submit an application for marriage registration before the court and on the 17th day they will have their marriage certificate ready or they can obtain the marriage registration in case you travel from the us or UK to Nepal and take a land route to India then in such cases their stay in India can be translated to the stay in Nepal to 15 days’ time period
5. Citizenship for Indian nationals
Indian citizen must bring their passport along with them. In case your passport is not ready or in case you have not obtained passport then you must obtain Indian national identity card from the embassy of India in Nepal
- Identity card of the foreign national
- Indian national identity card of the national
- Translate marriage related provision of their respective counties.