Yes, a Non-Resident Indian (NRI) can legally do a court marriage in India, but the process involves specific legal requirements, depending on the personal laws applicable to the couple. The most commonly used legal framework for such marriages — especially where at least one party is an NRI or foreign national — is the Special Marriage Act, 1954 (SMA). Legal Basis: Special Marriage Act, 1954 (SMA) The Special Marriage Act allows for civil (court) marriage between: Two Indian citizens, An Indian and an NRI, An Indian and a foreign national, regardless of religion or nationality. This Act is secular and does not require conversion to another religion. It is often used for interfaith or international marriages. Eligibility Criteria: 1. Legal Age: Groom must be 21 years or older. Bride must be 18 years or older. 2. Marital Status: Both parties must be unmarried (or legally divorced/widowed). 3. Mental Capacity: Both must be capable of giving free and valid consent. Must not be suffering from mental disorder making them unfit for marriage. 4. Prohibited Relationships: The parties should not fall within degrees of prohibited relationship unless their personal law permits such marriage. Jurisdiction: At least one of the parties (NRI or Indian citizen) must have resided in India (within the jurisdiction of the marriage officer) for at least 30 days immediately prior to filing the notice of intended marriage. Procedure for Court Marriage under SMA: 1. Notice of Intended Marriage: File a written notice in the prescribed format (Form I) with the Marriage Officer of the district where one party has resided for at least 30 days. For NRIs: Passport, visa, OCI/PIO card (if applicable), and proof of residence abroad are required. 2. 30-Day Notice Period: A copy of the notice is published in the Marriage Officer’s office. Objections, if any, can be filed within 30 days. 3. Verification and Objection Handling: If no objections are received or if they are resolved, the marriage proceeds. 4. Declaration and Solemnization: On or after 30 days, both parties and three witnesses must appear before the Marriage Officer. The declaration is signed in the presence of the officer and witnesses. Marriage is solemnized and a Marriage Certificate is issued. Documents Required (Indicative): Passport and visa of NRI OCI/PIO card (if applicable) Proof of residence (Indian and abroad) Birth certificate or age proof Passport-size photographs Affidavits of marital status Divorce decree/death certificate (if previously married) Address proof of Indian party (Aadhaar, voter ID, etc.) Special Note for Foreign Nationals / NRIs: A No Objection Certificate (NOC) from the foreign national's embassy or consulate may be required, stating that they are legally free to marry. Documents in foreign languages may need to be translated and notarized. Apostille or consular legalization may be needed based on the foreign party’s home country. Is Court Marriage in India Valid for NRIs Abroad? Yes. Once registered under the Special Marriage Act, the marriage is legally valid and recognized both in India and internationally, subject to local laws of the foreign country. The marriage certificate is sufficient proof of marriage. NRIs may later get the Indian marriage certificate apostilled or legalized by the Ministry of External Affairs (MEA) for international use. Not Allowed: An NRI cannot marry under personal religious laws (like Hindu Marriage Act, 1955) if the marriage is interfaith or with a foreign national. Proxy marriage is not valid under Indian law. Both parties must be physically present. Protection for Indian Spouses (especially women): Due to increasing cases of fraudulent NRI marriages, the Indian government and courts now insist on: Registration of all NRI marriages. Sharing of NRI spouse details with Indian authorities. Filing of NRI marriage details with embassies. Conclusion: Yes, NRIs can do court marriage in India under the Special Marriage Act, 1954, subject to legal residency, documentation, and due process. It is a fully valid and recognized form of marriage, both in India and abroad. Compliance with procedural formalities, including a 30-day notice and physical presence of both parties, is mandatory.

Dear Client, The answer to your question is yes, an NRI (Non-Resident Indian) can legally do a court marriage in India. Under Indian law, court marriages are governed by the Special Marriage Act, 1954. This act allows persons of different nationalities and religions to get married without any requirement of a religious ceremony. There are some rules to get married under this Act, however – • A 30-day written notice has to be given to the Marriage Registrar in the district where at least one of the two marrying parties has resided for 30 days. • This notice is publicly displayed for any objections. • If there are no objections raised, then after 30 days, the Marriage Registrar solemnizes the marriage in the presence of both marrying parties. • At least three witnesses are required during the solemnization of the marriage. • Some essential documents required are – valid passports of both parties, residential proof, birth certificates, and proof of marital status. • In case either party is a foreign national or an NRI, another important document that is required is a No-Objection Certificate (NOC) from their embassy. In case they had a previous marriage, proof of its termination is also required. • Once the marriage is solemnized and a marriage certificate is obtained, this certificate will be legally valid throughout India and abroad. I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.