Marriage in Germany and India

Hochzeit

Marriage in Germany

A) In order to get married before a Registrar (Standesamt) in Germany, the Indian partner has to produce a so-called "Certificate of no impediment to the marriage". (Ehefähigkeitszeugnis).

Since the Indian authorities do not issue such a certificate, the Indian national has to obtain exemption from this requirement from the President of the Higher Regional Court (Oberlandesgericht) in Germany.  In India one might obtain such a certificate from a local Registrar’s office or the local Magistrate. (A specimen of such a certificate can be downloaded from the link below). An Affidavit from the applicant’s parents stating that the applicant has never been married before, might be accepted.

Specimen of Certificate of no impediment to the marriage :
This is to certify that after examination of the case, Mr./Ms. ...
- has not a living spouse
- by his/her age fit for marriage
- is not within the degrees of prohibited relationship with the party he/she wants to marry"

B) A German registrar normally requires following documents before a marriage is performed:

1.  Birth certificate. If born in India  and the birth in India has not been registered within the first 12 months of the date of birth, a Court order by the local Magistrate has to be obtained to the effect, that the Registrar is instructed to register the birth. This Court order also has to be produced before the Standesamt.

2.  If resident of Germany: an Aufenthaltsbescheinigung issued by the local Ausländerbehörde or Meldebehörde. This is not the residence permit, it is a certificate that confirms the  applicant’s present address in Germany and states the marital status.

3.  If one (or both) of the partners has (have) been married before, proof of termination of the previous marriage - a death certificate or divorce decree.

Wedding

Marriage in India

The German Consulate in Mumbai is not entitled to solemnise marriages in India. The marriage should take place according to the Special Marriage Act, 1954.

In case a marriage between an Indian and a German national is to take place in India (Mumbai or western India), this Consulate recommends that you contact a Marriage Registrar of your choice and give the banns (notice of an intended marriage), that will have to be published for the stipulated 30 days. At the end of the 30 days the Marriage Registrar is free to perform the marriage.
The banns can only be given in India, if at least one partner is permanently and the other partner temporarily resident in India.

For further information you may call:
Office of the Registrar General of Marriages
Tel.: 0091-(0)22  22024142, 22630742 

If one partner is residing in Germany then the partner who is resident in India will have to fill out the “Marriage Notice”collected from the Marriage Registration Office of his/her choice in India and send it to his/her partner in Germany who will also have to fill it out. This “Notice” should then be sent back to the partner in India who will have to re-submit it at the Marriage Registration Office. After the stipulated waiting period of 30 days the marriage can take place in India.

The additional requirements are:
a)   a valid Passport
b)   original Birth Certificate showing parents' names
c)   if the person concerned is widowed, the original death certificate of the deceased spouse
d)   If divorced, copy of the final decree

Under the Special Marriage Act, 1954 a certificate showing the signatures of the persons married, the registrar and the witnesses will be issued.

This Certificate is required in Germany as proof of the marriage and when applying for a visa to join the German spouse permanently in Germany.

Marriage

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