If both non Indian people interested in such marriage are non Christians then they cannot marry in India in a court marriage as you call it. The Special Marriage Act, 1954 clearly provides (1) This Act may be called the Special Marriage Act, 1954.
(2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to citizens of India domiciled in the territories to which this Act extends who are outsider the said territories.
(3) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint.
Now this is the enactment under which the so called court marriage takes place in India. The other provision that provides marriage before the Marriage Registrar is the Indian Christian Marriage Act, 1872, but according to which at least of the party has to be a Christian. In this case even non Indians can marry in India provided one of them is a Christian by religion as provided under 4 of this Act, Marriages to be solemnized according to Act. — Every marriage between persons, one or both of whom is or are a Christian, or Christians, shall be solemnized in accordance with the provisions of the next following section; and any such marriage solemnized otherwise than in accordance with such provisions shall be void.
Section 5 of the Act provides Persons by whom marriages may be solemnized. — Marriages may be solemnized in India —
(1) By any person who has received Episcopal ordination, provided that the marriage be solemnized according to the rules, rites, ceremonies and customs of the Church of which he is a Minister;
(2) By any Clergyman of the Church of Scotland, provided that such marriage be solemnized according to the rules, rites, ceremonies and customs of the Church of Scotland;
(3) By any Minister of Religion licensed under this Act to solemnize marriages;
(4) By, or in the presence of, a Marriage Registrar appointed under this Act;
(5) By any person licensed under this Act to grant certificates of marriage between Indian Christians.
Part V of the Act provides complete procedure of solemnization of such marriage between both or one of the Christian before the Marriage Registrar appointed under this Act. Apart from this there exist no other enactment in India where both non Indians get married in India in the Court, as even the Foreign Marriage Act, 1969 provides marriage between an Indian Citizen with a foreigner only before the Marriage Officer.
2007-06-18 05:10:05
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answer #1
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answered by vijay m Indian Lawyer 7
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yes you can get married in india in the court... approach your respective embassies in india...get a no objection and get into a "contract of marriage" this will be held legal as it will involve gviing ads in 3 newspapers bout your intent to marriage...also your status in your home country will be verified and stuff like that...the court in india will also follow similar procedure...and after verification by your embassy you can get married in INDIA...
2007-06-18 02:37:19
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answer #2
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answered by anand 4
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You can get married but it will not be recognised in your country.
2007-06-18 02:10:59
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answer #3
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answered by manjit grover 6
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