Marryinging a Belgium who resides in Belgium?

Question

i am a hindu (indian citizen) who wants to be married to a belgium citizen. our advocate has advised us to marry at the indian embassy at belgium as that is the fastest way. kindly let us know the required document and step by step procedure to be married under special marriage act in indian embassy at belgium

Answer 1

Firstly the marriage between an Indian citizen & a foreigner in a foreign country is not under the Special Marriage Act, 1954 but under the Foreign Marriage Act, 1969. God knows why your Advocate told you it is under the Special Marriage Act, 1954, that speaks about his knowledge & ability as an Advocate. Yes you can marry this lady under the Foreign Marriage Act, 1969 before the Marriage Officer who is supposed to be officer in the Indian Embassy in Belgium. This marriage takes place after giving a one months notice to the marriage officer signed by both of you & witnessed by three independent witnesses, the evidence you require regarding your age, nationality & permanent addresses is in both of your passports, you should be residing in Belgium for a month before giving this notice, hence there should be a temporary/present address of that country. There should not be any impediment against such a marriage between both of you according to the Belgium marriage law for which the no objection certificate may be asked from her which she can get from her Home department/Ministry. A copy of notice is sent to your permanent place of residence & to the marriage officer of that district in India. The marriage officer also order for publication of this notice in two newspapers one in India & other in Belgium, the expenditure for all these notices has to be borne by you. After one months notice the Marriage officer shall perform this marriage if no objections to this marriage received by him & issue you valid marriage certificate that can be used by both of you for all the other immigration purposes as you wish. You need not get such marriage registered here back in India again as this marriage is already registered under the Indian laws & procedures nor she requires any further registration in her country as the marriage certificate issued hold good for her country too. In future must seek help of a learned & experienced lawyer for legal issues not any Tom D.i.c.k Harry!

Answer 2

When you have already been to an Advocate, why have you not asked about the documents required for marriage ? You require your age proof which you already have recorded in your passport. Your would-be spouse will also require the same, you will need witnesses
who will attest that the marriage was performed in their presence. I still hold the view that notice is required under this Act also, and the term - fastest way - in marriage is a misnomer. The fastest is a marriage under Hindu rites, after which you could go for registration of your marriage, provided both parties are Hindus or the one who is not gets converted to Hinduism. Hope this clarifies matters rather than add to your confusion because I am still unconvinced that you have gone to an Advocate earlier and are still clueless.