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Explainer: What are the rules and regulations of marriage between Pakistani and Indian, how foreign partner gets citizenship

Seema Haider: Seema Haider, who came to India from Pakistan, is currently in discussion. UP ATS has recently inquired. He is accused of having entered India illegally. She is currently living in Greater Noida with her Indian friend Sachin Meena. This action has taken place when the UP ATS had arrested a Pakistani spy from Lucknow a few days back. Seema Haider has been interrogated at a time when she claimed to have converted to Hinduism.

At the same time, the local right-wing leaders of Greater Noida have threatened and announced that if Pakistani woman Seema Haider is not taken out of the country within 72 hours, they will stage a massive protest. At the same time, an ATS officer was asked by the media whether Seema and Sachin can be arrested after questioning or not? To this he replied that it would depend on the outcome of the inquiry in a sensitive matter related to national security. At the same time, the local police is investigating this matter in different ways. At present, the charge sheet has not been filed yet.

According to information, 30-year-old Seema Haider came to India by bus from Nepal with her four children. She is currently living with Sachin Meena in Rabupura, Greater Noida. On July 4, the local police arrested Seema Haider on charges of illegally entering India. Along with this, Sachin Meena was arrested on charges of giving shelter to illegal immigrants. A few days later, on July 7, he got bail from the local court. After which he is living in Rabupura.

Know here Seema Haider can get citizenship of India

At present, preparations are being made to send Seema Haider back to Pakistan. Meanwhile, it is bound to arise the question that what are the rules and regulations for an Indian person to marry a Pakistani? Can her partner get Indian citizenship after marrying an Indian? What does the law of Pakistan say about this? Let us tell you that there is no such clause in the Indian law, which can ban any Indian man or woman from marrying a Pakistani citizen.

According to Indian law, it is not illegal for an Indian to marry a Pakistani. Indian law gives any adult the right to marry a partner of their choice. The boundaries of caste, religion, region and even the country cannot become a hindrance in their marriage.

It is necessary to give 30 days public notice

Any Muslim can marry under Hindu and Muslim personal law under the Hindu Marriage Act. Any adult person can marry with mutual consent under the Special Marriage Act, 1954. Under this act, Indians can also marry foreigners. However, it is necessary to give a public notice of 30 days before getting married. On this basis, it can be said that Seema Haider and Sachin Meena can also get married under the Special Marriage Act, 1954 by giving a public notice of 30 days.

There are many options to get married in India.

If an NRI born in India but living in another country or a PIO born in India and settled abroad, or a foreigner who is a citizen of another country, they have several options to get married in India. In India, after getting married according to the customs of your religion, the marriage has to be registered under the personal law of your religion.

In the marriage of a foreigner and an Indian, the foreigner has to bring a No Objection Certificate from the embassy of his country. If the foreigner is divorced, then it is necessary to produce the divorce decree of the previous marriage. The same rule applies in the case of Seema Haider.

Documents for registration of marriage

If a person first marries according to the customs of Hindu religion, then he has to register the marriage under the Hindu Marriage Act, 1955. If people of any other religion want to register marriage under this act, then they can get it done even after converting their religion. To get married under this act, the age of the boy should be at least 21 years and that of the girl should be 18 years.

For registration of marriage, application has to be made on behalf of boy and girl. In this, birth certificate of both, two passport size photographs, marriage invitation letter, if divorced, copy of divorce decree, if widow or widower, then death certificate of partner has to be affixed.

Marriage done in India is valid all over the world

If the boy and girl want to do court marriage, then they can get married in any civil ceremony under the Special Marriage Act, 1954. Under the Special Marriage Act, those people can also marry, who are from different caste, religion or country. This rule also applies to both the Indian partners living abroad. Their marriage done like this in India will be legally valid all over the world. Under this law, an Indian and a foreigner can also marry in India.

How to register marriage with foreign partner

To register a marriage under the Special Marriage Act, first of all, a notice has to be sent to any marriage registrar expressing the desire to marry. The notice is published in the marriage registrar’s office for 30 days. If no relative objects to the notice, then both can get married after 30 days.

After the marriage is completed, it can be registered in the court. Under the Special Marriage Act, a marriage certificate is issued to those who get married, signed by the registrar and all the witnesses. For registration, passport of foreign partner, birth certificate of both, proof of staying in India for more than 30 days is also to be submitted.

Foreign partner gets Indian citizenship

Now the question arises whether a foreigner automatically gets Indian citizenship after marrying an Indian or it becomes easy for him to get Indian citizenship. What does Indian law say about this? Legal experts say that one does not get Indian citizenship just by getting married. According to the rules, if a person is married to a person of Indian citizenship and has been living in India for 7 years before applying for registration, then he can get Indian citizenship.

Foreign husband does not get citizenship in Pakistan

There is no restriction on marrying a foreigner even in Pakistan. But, there is a screw in the case of foreign partner getting citizenship of Pakistan. The provision for taking citizenship of Pakistan is present in the Citizenship Act, 1951. Under Section-10 of the Act, if a Pakistani man marries a foreign woman, then he is entitled to acquire Pakistani citizenship. At the same time, women have not been given this right to marry a foreign man. In the year 2000, some changes were made in this law. Under this, the children of parents having Pakistani citizenship will be given Pakistani citizenship.

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