Hello,
my Indian fiancé and I are getting married in France in a few weeks. Like many couples before us, we had extreme difficulties finding out the steps to follow in India to obtain the necessary documents for our marriage. We received no useful information from the Indian Embassy in Paris. It took us hours of research on traveler forums to gather scattered information and piece together the puzzle. I decided to summarize here the steps that allowed my fiancé to obtain the required papers, so other couples can struggle a little less than we did in the future.
I hope this post helps!
Context reminder: the list of documents required for a non-EU national to marry in France (see also www.service-public.fr):
Certificate of Custom: This is an explanation in French of the rules governing marriage eligibility in your country of origin. I read that some countries include proof that the applicant is indeed eligible. This is not the case for India.
Single-status certificate/marital capacity certificate. This is simply proof that you are eligible to marry under the laws of your country of origin.
Birth certificate.
All these documents must be less than 6 months old at the date of the banns publication.
The birth certificate and the single-status certificate must be apostilled. This procedure is linked to the international Hague Convention, of which both France and India are members. The apostille is a kind of stamp affixed to an official document by the authorities of the country where it was issued, giving it legal value in a third country.
How we obtained these documents:
The certificate of custom is very easy to obtain if you already live in France. You just need to go to the Indian Embassy in Paris with the required documents and pay the fees. We received it by mail the next day. The instructions on the Indian Embassy in Paris website are very clear (spring 2019). See also the VFS Global website (the company to which the embassy outsources consular activities).
Obtaining the single-status certificate was much more complicated. In France, a birth certificate is enough to prove whether you are married or not, as annotations are added for every major life event. In contrast, the Indian administration, although it can prove that someone is already married, is unable to prove that someone is still single. The only way to resolve this is to produce an affidavit. It took several trials and errors before we succeeded, as the administrators we dealt with generally did not know the procedure. Here’s what finally worked:
Prepare the affidavit on 100-rupee bond paper (first party: signatory; second party: Sub-Divisional Magistrate) at the Sub-Divisional Magistrate’s office in your place of birth. See Model No. 1 below. It must be signed by you and the Sub-Divisional Magistrate. For my fiancé, the latter only agreed to sign after presenting a certificate from the Tahsildar of his birth Taluk stating that he knew my fiancé was still single. If you don’t know the Tahsildar well, it might be useful to first request such a certificate from the "village accountant" before approaching the Tahsildar. We don’t know if the process would be the same in other districts than my fiancé’s.
Attestation at the Regional Commissioner’s (RC) office. The Ministry of External Affairs will only apostille documents that have been attested this way. In our case, we found clear information about the procedure on the Regional Commissioner’s website (required documents, cost, bond paper value). The RC asked us to justify why my fiancé needed a single-status certificate. Such certificates are usually requested by people wishing to join the army, in which case the RC receives a request letter. I asked the mayor of my village to sign such a letter (see Model No. 2, which I wrote myself). I come from a very small town, which was lucky here, as the mayor knows both of us personally and immediately agreed to do it. I have no idea if it would be as easy in a larger town. Once the document was submitted to the RC, it was sent back to the administrator who issued it for authentication. This back-and-forth should not take more than 25 days, but it may be useful to follow the progress of the procedure by calling or visiting the offices of both administrations regularly.
Send the attested documents to the Ministry of External Affairs (MEA) for apostille. In 2019, the Indian MEA only accepts apostille requests through private operators, whose list is available on the MEA website.
The birth certificate, once obtained from the municipality of your place of birth, follows the same procedure as the single-status certificate: attestation by the Regional Commissioner, then apostille at the Ministry of External Affairs.
Note: The Indian Embassy in Paris offers to issue a birth certificate. We recommend NOT GOING THROUGH THEM. The procedure is expensive, and they simply copy the information available on your passport. We seriously doubt the validity of such a document for marriage.
A few tips:
Obtaining these documents in India will require a lot of time, patience, and creativity! For us, more than 4 months passed between the moment my fiancé signed his single-status certificate and the day we had it apostilled in hand. In the meantime, there were dozens of phone calls and visits to various local administrations, a lot of brainstorming, and money wasted on canceled flights due to the monsoon.
If you have contacts in the local administration, don’t hesitate to use them. Also, if possible, closely monitor the progress of the procedures by calling or visiting the offices regularly, as mistakes are very common.
I recommend only requesting the certificate of custom once you’re close to having the other documents in hand, as it’s expensive, its issuance is very quick (at least if you both live in France; otherwise, I don’t know), and it’s only valid for 6 months.
All the steps for the birth certificate and the single-status certificate must be done in person, which can be complicated if you already live outside India. Some companies offer to handle it for you if you’re willing to pay. My fiancé bypassed the problem by designating his brother as an "Authorised representative" (a step taken at the notary of his birth Taluk). Once the single-status certificate was established in person, my fiancé’s brother was able to take over and complete the rest of the steps on his behalf. Finally, we asked the service provider handling the apostille to send the documents to our address in France via DHL (we don’t trust the postal service, as we’ve had mail stuck at customs for several weeks before).
My fiancé first tried to establish his single-status certificate at the notary of his birth Taluk. It didn’t work because the Regional Commissioner categorically refused to attest it. Indeed, it is generally forbidden to make any modifications to a document signed by a notary.
Once the birth certificate and the single-status certificate arrive in France, you must have them translated by a sworn translator registered with the Court of Appeal in your area. You can find the list on your Court of Appeal’s website. There are no sworn translators for all Indian languages! So, check beforehand if one exists for the language in which your certificates will be issued, or ensure they are issued in English.
Model No. 1 - Single-status certificate, affidavit
I, (name of applicant), son of (name of father) and (name of mother), with permanent address (address in India), solemnly affirm and declare as follows:
1. That I am a citizen of India
2. That I was born in (place of birth) on the (date of birth)
3. That I am holding a valid Indian passport bearing the number (passport number) issued at (place of issue) and valid from (date of issue) to (date of expiry).
4. That I am unmarried (single) and have no living spouse at present either in India or abroad
5. That I am eligible to marry an Indian or a person of any other nationality according to law.
6. That I am of sound health and in mentally fit condition
7. I further state that whatever stated therein is correct to the best of my knowledge.
I am aware that suppression of facts or furnishing false/misleading information is punishable under Indian law, under section 193(2), 199, 200 of the Indian Penal Code.
Solemnly declared at (place of signature) on (date of signature).
(your signature) (the subdivisional magistrate’s signature)
Model No. 2 – Request letter from the French mayor to the Indian Regional Commissioner
Dear Sir/Madam,
(English version below)
I, the undersigned (Mayor’s name), Mayor of the Commune of xxx, department of xxx, France, certify as follows.
Firstly, that
Mr./Ms. (Name of the Indian future spouse), citizen of India, passport No. xxx, issued in xxx on xxx, valid until xxx, residing at (address), INDIA,
and
Ms./Mr. (Name of the French future spouse), citizen of France, passport No. xxx, residing at (address), FRANCE,
have requested that I solemnize their marriage in my Commune under French law.
Secondly,
that French law requires me to request from Mr./Ms. (Name of the Indian future spouse) a certificate attesting to their single status.
Issued for all legal purposes.
(Place, date, stamp, and signature of the mayor)
Note:
Prepared on the town hall’s letterhead, directly in both French AND English to avoid needing a translator.
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