Which Docs besides CENOMAR are required to Prove Legal Capacity?

Solemnizing marriage in India, however, is an extravagant affair.  But offshore, it’s more like battling with the foreign laws and guidelines for NRIs. Before tying a knot, they are asked to prove their legal capacity of being single or bachelor.

My cousin was going to marry with the bride from Philippines. His would-be spouse was stick to matrimony in her motherland. So, he knocked at the door of his Indian friends. But his efforts were proven futile because mostly all wanted their marriage to be a bed of roses. Therefore, they backpack to head to India for getting rid of legal troubles.  Eventually, my cousin checked out Google for learning what problems could be legal barriers in his marriage there. Finally, he got the answer. It disclosed that he had to prove his legal capacity for marriage. 

If he caught up fallout, the consequences could throw them behind the bars. And the charges of fraud or cheating could be imposed. As well said, no cure is better than prevention, the NRIs ought to setup their mind to face off legalities before marriage offshore. Here is the roundup of all the documents which can sail my NRI friends across all legal battles safely:

NRIs document required for proving legal capacity:      

• Original Indian passport with photocopy
  
• Original valid ID of the Indian national and the Filipino national with photocopy
  
• Original Birth Certificate of the Filipino national, authenticated by National Statistics Office (issued by Main Office – NSO Quezon City)
  
• Original Joint / Separate affidavit of parents of the Filipino national. It states consent of the parents to the marriage with the Indian national which should be stamped by DFA (Department of Foreign Affairs)
  
• Original Joint / Separate affidavit of parents of the Indian national stating consent to the marriage with the Filipino national which should be locally notarized from India (if staying in India)  and  duly attested by Indian Mission in the country (if staying outside India)
  
• Copies of valid IDs of the parents (both Indian and Filipino)
  
• Original affidavit of single status / willingness of the Filipino national proven by DFA (Department of Foreign Affairs)
  
• CENOMAR (Certificate of No Marriage) from NSO for Indian and Filipino. In case, the applicant doesn’t have it, he ought to google how to get CENOMAR online. Thereby, filling online single status form will avail it to him/her.
  
• Certificate of bachelorhood issued by the area Sub-Divisional Magistrate (SDM) / Court authorities counter. It should be attested by the Home Department of the State concerned. Thereafter, counter-attested by the CPV Division of the Ministry of External Affairs, Patiala House, New Delhi is essential. 
  
• In some situations, it can be demanded post-marriage.
  
  If the Indian national is already married in Philippines, then these documents will be mandatory to show:
  
  
• A certificate/affidavit from the Indian national or his parent(s). It should state that the Indian citizen is not already married to anyone in India and hence single. Therefore, he/she was eligible for marriage to the Filipino national and is the only spouse since (date), with children (if any). 
  
• The certificate/ affidavit is to be attested by area SDM / court authorities 
  
• Counter attested foretold certificate/ affidavit by the Home Department of the State concerned. It needs to be counter-attested by the CPV Division of the Ministry of External Affairs, Patiala House in New Delhi subsequently. 
  
• Photocopies of all the documents
  
• Indian and Filipino have to come for one-on-one before the Consul.
  
• The final approval of the application will be in the hands of the Consul.
  
• It will take 3 working days for processing.