In India, a marriage can be conducted as per the religious customs of choice as well as through the courts. Both ways the marriage is considered to be legal. Though the government has mandated the issuance of marriage certificate as a proof of the fact that the marriage has indeed taken place and the same is accepted as a documentary proof for grant of visas and for other important government works, the legal marriage in Delhi could even be solemnized via religious ceremonies provided it does not go against the laws of the land. It is not necessary to get the certificate to make the marriage legal but it is certainly desirable for future convenience in many areas.
There are many stipulations under which the marriages are conducted in India. There are personal marriage Acts for Hindus, Muslims, Christians, and Parsis. Jains, Sikhs, and Buddhists are covered under the marriage act of Hindus. The NRIs who want to get married in India can marry under the provisions of the Special Marriage Act 1954. In fact, this law is used for marriages between people of different nationalities, religions, and communities. If they opt for the court marriage in Delhi, the same procedure as is used in case of the Indian nationals is followed. Either of the parties shall be residing in the district falling under the jurisdiction of the court for at least the last 30 days. This can be done by showing the ration card copy or by way of the report of the SHO. If one of the partners is living in a foreign country, the other person shall give the notice of marriage to the court, take the form of notice and send the same to the partner living abroad, get it filled and signed and then apply for marriage by making a note in the Marriage Notice Book.
There is a further requirement of the no-objection certificate to be issued by the embassy or consulate of the country he or she is living in. This is to ensure that all the facts disclosed by the NRI are true and correct and that he or she is not in no longer in a marriage relationship as per the laws of that country. If the NRI has terminated the marriage in that country lawfully, the documentary proof of the same has to be presented to the court while applying for the court marriage in Delhi.
There have been instances where the NRI getting married has produced fake documents for legal marriage in Delhi for ulterior motives. Court marriage in Delhi provides the most secure marrying space to the people since the practice of issuing notices to the public in general and to the near and dear ones, in particular, is designed to ensure that the concealment of material facts is not done by either party. It reduces the chances of marrying due to mala-fide intentions, especially when the NRI is not known to you personally for a long period of time.