Indian ministry rules block marriage plans

Dubai: The marriage plans of Indians in the UAE could run into trouble if they don't get the green light from their parents.

The Indian Consulate in Dubai has apparently begun insisting on consent letters from parents.

A couple said their marriage has been put on hold because the consulate asked for a letter from their parents.

"They asked us to submit an affidavit of no-objection from our parents, along with other documents, including a notice of intended marriage, declaration from prospective bride and groom along with the signatures of three witnesses and a sworn affidavit signed by the bride and groom," said the woman, who requested anonymity.

The couple were even more surprised when consulate officials demanded a death certificate of the groom's father be attached to his mother's affidavit. Both parents need to give their consent for the marriage to go ahead, but since one of them had passed away a death certificate would be needed as proof.

"As adults, it is our decision whether we want to get married or not. In our case, it is not going to personally affect us, as our parents have no objection to our marriage. But for others, it can be a problem," said the woman. This new requirement and the paperwork involved will lead to a delay in their marriage plans. "My father is working on an oil rig, and that means I might have to wait for almost a month to get the letter from him. It is going to be delayed more because we have to arrange for my fiance's father's death certificate."

When contacted, the Indian consulate said they needed time to look into the matter. It is believed that the step has been introduced to ensure that neither partner has another wife or husband.

The Indian embassy in Abu Dhabi said they follow a slightly different route. They usually send a letter to the couple's parents, asking whether they had any objection, and did not require an affidavit of no-objection attached to the application for marriage.

"We send a letter to the parents on both sides to inform them," said an official.

He added any objection on the grounds of religion would not be considered valid. "Basically, the objective is to inform the parents, and ask for their consent. We wait a month for their response, and if there is no response within that period, it will be considered as a 'no-objection' from their side," explained the official. He added the embassy usually sends a letter to the marriage office of applicants repective states and will put up a notice of intended marriage so that anybody who objects can contact the embassy.

The criminal record and the marital status of the applicants will also be verified.

A legal consultant from Abu Dhabi said the embassy did insist on a no-objection letter from one of his client's parents, as she was not Indian while the groom was. According to the Indian Special Marriage Act, 1954, any person in India and all Indians in foreign countries can marry with mutual consent.

Requirements

Required documents and procedures to get married at the Indian Consulate:

- Notice of the intended marriage (four copies).

- Declaration by the prospective bride and groom in duplicate. - Four recent studio passport-size photographs of each.

- If either the bride or bridegroom is non-Indian, a no-objection certificate from the concerned embassy or consulate, or a sworn affidavit from the non-Indian that should be attested by their concerned consulate or embassy and the UAE ministry of foreign affairs.

- Either the bride or bridegroom should have a UAE residence visa.

- If only one party is Indian, that party must have a UAE residence visa.

- Three witnesses holding UAE residence visas with their original passport.

- If both the bride and bridegroom are Indian, all three witnesses should be Indians.

- However, if either of them is a foreign national, then one of the witnesses can be from that nationality.

New clauses

- No-objection letter from both the prospective bride and bridegroom's parents.

--Separate affidavits (of no-objection) from mother and father if they are residing in two different countries.

--Copy of death certificate if one of the parents has passed away.

Is this a violation of an individual's right's within a democracy? Do you know anyone who has faced similar problems? What happened?