indian marrying pakistani....any legal problem?

ahmed_indian

to Allah we belong
:salam2:,

what are the possible legal problems which can be faced when indian marries a pakistani girl (or vice versa)

what about visiting each other's country after marriage?

any real life experience or any website could be helpful.

:confused:
 

ShyHijabi

Junior Member
:salam2:

My experience is second/third hand at best so take it with a grain of salt. My FIL was born in India but moved to Pakistan during the partition. His citizenship is Pakistani but he still has a LOT of family in India. It is very difficult for him to visit any of his family in India since his passport is Pakistani.

So with that said I would think there may be some difficulties traveling back and forth to visit each other's families but I have no inkling of what the legalities are.
 

Munawar

Striving for Paradise
:salam2:
I know several families who have married their sons or daughters accross the border.

It is easier for woman to get the citizenship of her husband's country compared to man getting citizenship of his wife's country.

Visa and travel depends on the relations between these countries at that moment. Normally it is easy to get the visa, but don't expect a 5 year multiple entry kind. Mostly one visit per visa type.

Other than that no problems.
:wasalam:
 

abubaseer

tanzil.info
Staff member
:salam2:,

what are the possible legal problems which can be faced when indian marries a pakistani girl (or vice versa)

what about visiting each other's country after marriage?

any real life experience or any website could be helpful.

:confused:

:salam2:

It is not illegal for Indian to Marry Pakistani according to Indian Law. My neighbor's wife is Pakistani.

However, their visas are accepted/rejected depending on where the Political see-saw of relationship between India and Pakistan is at that time...

During their kids vacation this they were denied visas toPakistan :(


:wasalam:
 

Afthab

Junior Member
Salams Ahamed!

Here are the procedures from the Indian Embassy of India in Riyadh for marriage registration. People residing in other countries, please contact the respective Indian Consulate in your cities.

For Marriage Registration:

Reference:
http://www.indianembassy.org.sa/Page...s/Marriage.htm

Solemnizing Marriage

SR. 200

Under the Foreign Marriage Act, 1969, the Embassy is authorized to solemnize a marriage when one or both the partners are Indian citizens and are residing abroad.



Requirements - When one partner is Indian and the other partner is a foreigner:-


1) An advertisement in the newspaper (both in English and the native language of the Indian partner) in India which is widely read in the hometown of boy/girl giving the name/address and other particulars of the boy/girl, announcing their intention to marry and that if anyone has any objection o the marriage, he/she may contact the Embassy of India, Riyadh
2) A letter from the Embassy of the country to which the foreign partner belongs stating that the Embassy does not have any objection to the marriage of its national.
3)

An affidavit (Form 8A.pdf) from a court in India on stamp paper issued by a notary and advocate stating that the parents of the Indian partner do not have any objection to the marriage. This affidavit is to be produced by the Indian partner only. Affidavit should be strictly on the lines of the specimen provided in Form 8A.pdf


Form 8A.doc
4) Photocopies of inside cover pages and other relevant pages of the passports of both partners.
5)

One passport size recent colour photograph each of both the partners.

6)

Marriage Declaration form (Form 8B.pdf) to be submitted to the Consular Officer, duly signed by the partners. The Form is to be signed before the Consular Officer who would attest the same on payment of attestation fee of SR. 80.


Form 8B.doc


SR 80
7)

Marriage fees of Saudi Riyals 200/- is to be deposited at the time of submission of the Notice of Intended Marriage (Form 8C.pdf), other documents listed at Sl. 1 to 5 above, at least three months prior to the proposed date of marriage.

Form 8C.doc


Requirements - When both the partners are Indian citizens:-



1) An advertisement in the newspaper (both in English and the native language) in India which is widely read in the hometown of boy/girl giving the name/address and other particulars of the boy/girl, announcing their intention to marry and that if anyone has any objection o the marriage, he/she may contact the Embassy of India, Riyadh
2)

An affidavit (Form 8A.pdf) from a court in India on stamp paper issued by a notary and advocate stating that the parents of the boy do not have any objection to the marriage and that their son has not contracted any marriage so far. Affidavit should be strictly on the lines of the specimen provided in Form 8A.


Form 8A.doc
3)

An affidavit (Form 8A.pdf) from a court in India on stamp paper issued by a notary and advocate stating that the parents of the girl do not have any objection to the marriage and that their daughter has not contracted any marriage so far. Affidavit should be strictly on the lines of the specimen provided in Form 8A.


Form 8A.doc
4) Photocopies of inside cover pages and other relevant pages of the passports of both partners.
5)

One passport size recent colour photograph each of both the partners.

6)

Marriage Declaration form (Form 8B.pdf) to be submitted to the Consular Officer, duly signed by the partners. The Form is to be signed before the Consular Officer who would attest the same on payment of attestation fee of SR. 80.


Form 8B.doc
7)

Marriage fees of Saudi Riyals 200/- is to be deposited at the time of submission of the Notice of Intended Marriage (Form 8C.pdf), other documents listed at Sl. 1 to 5 above, at least three months prior to the proposed date of marriage.

Form 8C.doc

*Note : An additional Fee of SR 2 (Saudi Riyals Two) is levied on each Service as contribution towards the Indian Workers Welfare Fund (IWWF). All fees are to be paid in Saudi Riyals in Cash at the Counter along with application. Fees once paid are not refunded, even if the application is withdrawn or the service refused for whatsoever reason.


Obtaining Visit Visa for Your Pakistani Partner:

Reference:
http://www.indianembassy.org.sa/Page...aforOthers.htm

Specified Foreign Nationals

In accordance with the Bilateral Agreements and sometimes on the basis of reciprocity, the Visa Fee, Categories of Visa and the Application Forms for some specified foreign nationals are different. Only a few of these specific cases have been mentioned below subject to the comprehensive instructions available with the Embassy's Consular Wing:

(i) Nationals of Bhutan and Nepal do not require visa to visit India.

(ii) Nationals of Afghanistan, Argentina, Maldives, Mangolia, Mauritius, Poland, Sauth Africa, and Uruguay are issued gratis visas.

(iii) Nationals of Bangladesh are issued gratis visas. They, however, need to fill up a specific Visa Application Form ( Form 11.pdf or Form 11.doc )

(iv) Nationals of Pakistan are required to pay only SR.4 (Saudi Riyals Four) as visa fee and fill up a specific Visa Application Form ( Form 10.pdf or Form 10.doc ). An additional fee of SR.100/- is charged for sending fax to India.

(v) Sri Lankan nationals are required to pay only SR.15 (Saudi Riyals Fifteen) for a single entry visa valid for six months and SR.25 (Saudi Riyals Twenty Five) for Double / Multiple entry visa valid for one year and fill up a specific Visa Application Form ( Form 12.pdf or Form 12.doc ).

(vi) Nationals of Lebanon, Morocco and Sudan are requested to submit a letter of introduction from their respective Missions.

(vii) United States nationals are required to pay an additional processing fee of SR.75 (Saudi Riyals Seventy Five).


Obtaining Indian Citizenship for your Foreign Partner:
Reference:
http://www.mha.gov.in/citizenship/acquisition.htm

Foreigners Division
Acquisition of Indian Citizenship (IC)



Indian citizenship can be acquired by birth, descent, registration and naturalization. The conditions and procedure for acquisition of Indian citizenship as per the provision of the Citizenship Act, 1955 are given below:



(1) By Birth (Section 3)



(i) A person born in India on or after 26th January 1950 but before 1st July, 1987 is citizen of India by birth irrespective of the nationality of his parents.



(ii) A person born in India on or after 1st July,1987 but before 3rd December, 2004 is considered citizen of India by birth if either of his parents is a citizen of India at the time of his birth.



(iii) A person born in India on or after 3rd December, 2004 is considered citizen of India by birth if both the parents are citizens of India or one of the parents is a citizen of India and the other is not an illegal migrant at the time of his birth.



An “illegal migrant” as defined in section 2(1)(b) of the Act is a foreigner who entered India

(i) without a valid passport or other prescribed travel documents : or

(ii) with a valid passport or other prescribed travel documents but remains in India beyond the permitted period of time.



(2) By Descent (Section 4)



(i) A person born outside India on or after 26th January 1950 but before 10th December 1992 is a citizen of India by descent, if his father was a citizen of India by birth at the time of his birth. In case the father was a citizen of India by descent only, that person shall not be a citizen of India, unless his birth is registered at an Indian Consulate within one year from the date of birth or with the permission of the Central Government, after the expiry of the said period.



(ii) A person born outside India on or after 10th December 1992 but before 3rd December, 2004, is considered as a citizen of India if either of his parents was a citizen of India by birth at the time of his birth. In case either of the parents was a citizen of India by descent, that person shall not be a citizen of India, unless his birth is registered at an Indian Consulate within one year from the date of birth or with the permission of the Central Government, after the expiry of the said period.



(iii) A person born outside India on or after 3rd Decmber, 2004 shall not be a citizen of India, unless the parents declare that the minor does not hold passport of another country and his birth is registered at an Indian consulate within one year of the date of birth or with the permission of the Central Government, after the expiry of the said period.


Procedure



Application for registration of the birth of a minor child to an Indian consulate under Section 4(1) shall be made in Form-I and shall be accompanied by an undertaking in writing from the parents of such minor child that he does not hold the passport of another country.



(3) By Registration (Section 5(1))



Indian Citizenship by registration can be acquired (not illegal migrant) by: -



(a) Persons of Indian origin who are ordinarily resident in India for SEVEN YEARS before making application under section 5(1)(a) (throughout the period of twelve months immediately before making application and for SIX YEARS in the aggregate in the EIGHT YEARS preceding the twelve months). Application shall be made in Form I.

(b) Persons of Indian origin who are ordinarily resident in any country or place outside undivided India under section 5(1)(b).

© Persons who are married to a citizen of India and who are ordinarily resident in India for SEVEN YEARS (as mentioned at (a) above) before making application under section 5(1)(c). Application shall be made in Form-II.

(d) Minor children whose both parents are Indian citizens under section 5(1)(d). Application shall be made by his parents in Form-III.

(e) Persons of full age whose both parents are registered as citizens of India under section 5(1)(a) or section 6(1) can acquire Indian citizenship under section 5(1)(e). Application shall be made in Form III-A.

(f) Persons of full age who or either of the parents were earlier citizen of Independent India and residing in India for ONE YEAR immediately before making application under section 5(1)(f). Application shall be made in Form III- B.

(g) Persons of full age and capacity who has been registered as an OVERSEAS CITIZEN OF INDIA (OCI) for five years and residing in India for ONE YEAR before making application under section 5(1)(g). Application shall be made in Form III-C.



Clarification: A person shall be deemed to be a Person of Indian origin if he, or either of his parents, was born in undivided India or in such other territory which became part of India after the 15th day of August, 1947.



(4) By Registration (Section 5(4))



Any minor child can be registered as a citizen of India under Section 5(4), if the Central Government is satisfied that there are “special circumstances” justifying such registration. Each case would be considered on merits. Application shall be made in Form-IV.


Procedure



Application in relevant Form for grant of Indian citizenship by registration under section 5 has to be submitted to the Collector/District Magistrate of the area where the applicant is resident. The application has to be accompanied by all the documents and fees payments as mentioned in the relevant Forms. It is very important that applications are complete in all respects otherwise valuable time of the applicant would be lost in making good the deficiencies after they were detected. The application along with a report on the eligibility and suitability of the applicant is to be sent by the Collector/District Magistrate to the concerned State Government/UT Administration within 60 days. Thereafter, the State Govt./UT Administration shall forward the application to the Ministry of Home Affairs (MHA), Government of India within 30 days.



Each application is examined in MHA in terms of the eligibility criteria under the Citizenship Act, 1955 and the Citizenship Rules, 1956. If the applicant is not fulfilling the eligibility criteria, communication to this extent would be sent through the State Govts./UT Administration. Any deficiency in the application would be brought to the notice of the applicant through the State Govt./ UT Administration. The applicant, thereafter, has to make good the deficiency through the State Govts./UT Administration. No correspondence would be made directly with the applicant. However, a copy of the correspondence through the State Govts./UT Administration would be marked to the applicant. Each applicant whose case is found to be eligible after scrutiny of application is informed about the acceptance of his application through the State Government. The applicant should not renounce his foreign citizenship till the citizenship application is accepted and informed of the decision. The applicant is then required to furnish through the State Government, a certificate of the renunciation of his foreign citizenship issued by the mission of the concerned country, proof of fee payment as per SCHEDULE IV of the Act, and personal particulars in Form-V. Thereafter, a certificate of Indian citizenship is issued to the applicant through the State Government.



(5) By Naturalisation (Section 6)



Citizenship of India by naturalization can be acquired by a foreigner (not illegal migrant) who is ordinarily resident in India for TWELVE YEARS (throughout the period of twelve months immediately preceding the date of application and for ELEVEN YEARS in the aggregate in the FOURTEEN YEARS preceding the twelve months) and other qualifications as specified in Third Schedule to the Act. Application shall be made in Form-XII.


Procedure is the same as for Registration
 

queenislam

★★★I LOVE ALLAH★★★
~Family Matter !!!

:salam2:,

what are the possible legal problems which can be faced when indian marries a pakistani girl (or vice versa)

what about visiting each other's country after marriage?

any real life experience or any website could be helpful.

:confused:

~~~~~~~~~~~~~~~~~~~
:bismillah:
:salam2:


Don't get these problem get in the way keeping the people of Indian to marry the people of Pakistan!


These problem involved with the respective country law itself!
So if one is in or about to my advise is to consult the both embassy of the respective country(India and Pakistan)
as the how about to make every a possible !!!

I don't think it very wise not to look for the answer to this puzzle,
there is a solving to this !
Ignoring will make matter a big problem cause this is in fact a family matter!

And family is very important to every human individual :ma:

So the respective embassy should already provide a solution to this problem issue.

~May Allah swt help and guide them~Amin!

'Id Mubarak!

Thank you,
Take care!

~Wassalam :)
 

arzafar

Junior Member
it would be better to avoid such marriage.

there is no way india and pakistan will make peace, not in a million years.
it goes back centuries and it will go forward centuries. pakis hate indians specifically hindus to death because of a variety of reasons. religion, Kashmir, Bangladesh etc. im sure hindus are the same and have their own list.

Most definitely there will be more wars and at least a final round, maybe in the near future too.
 

saima abdullah

my life iz 4 Allah
asalam o alykum
brother my school teacher who lived in my street was married to an indian (a relative of her)
another women i s from india Ayoodiya and she is wife of my brother's friend...it might get hard to travel in time of tension like 2001 military stand off....
but it might be more easy if both settle in third country like UAE or UK etc... it would be more easy to get visa...
wsalam
 

ahmed_indian

to Allah we belong
:salam2:

jazaak Allah khair to all of you for your valuable info: sisters Aapa, ShyHijabi, saima abdullah and queenislam and brothers Munawar, Afthab, arzafar and abubaseer. :)

so, it means that marrying a pakistani and living in third country like saudi arabia. uae, uk, etc is more easier compared to residing in india.

just 1 yr visa? so it has to be renewed every year. :( that could be quite tough and time-consuming.
 

queenislam

★★★I LOVE ALLAH★★★
~Salam to all!

:salam2:

jazaak Allah khair to all of you for your valuable info: sisters Aapa, ShyHijabi, saima abdullah and queenislam and brothers Munawar, Afthab, arzafar and abubaseer. :)

so, it means that marrying a pakistani and living in third country like saudi arabia. uae, uk, etc is more easier compared to residing in india.

just 1 yr visa? so it has to be renewed every year. :( that could be quite tough and time-consuming.

~~~~~~~~~~~~~~~~~~~~~~~
:bismillah:
:salam2:

You are most :SMILY206: brother ahmed_indian

Hey!
If there's a way there's a will.

1 yr visa~is not so bad after all!
:SMILY309:
don't give up:SMILY138: it's the :SMILY252: that count :)
nobody can replace ...;)
Take the challenge:SMILY126:
It all worth it~ Alhamdulillah!

~May Allah swt help and guide you~Amin!

Eid Mubarak!

Thank you,
Take Care!

~Wassalam :)
 

A Kashmiri

Junior Member
If Pakistani male married a indian muslim girl = It will be a national issue

If Pakistani male married a Indian non muslim girl = Hindu fanatic parties will make it an international issue and you would possibly be caught by indian intellegence over charges of terrorism in India if you visit it.

If Pakistani female married an Indian muslim boy= Indian intellegence will make your life misreable as possible you will be caught as ISI agent along with your partner when you are in india

I cant think of a Pakistani female marrying a non muslim indian boy= That is why u can see lot of bollywood movies on this subject
 
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