What if the Indian Consulate does not issue a Nulla Osta?
Indian Consulates in Italy do not issue the traditional Nulla Osta to marriage required under Article 116 of the Italian Civil Code.
This does not necessarily mean that an Indian citizen cannot legally marry in Italy.
Where the Italian Civil Status Officer refuses to proceed because the Nulla Osta cannot be produced, the refusal may be challenged before the competent Italian Court.
The Court will examine the documentation submitted by the couple and verify whether there are any legal impediments to the marriage.
If the Court is satisfied that no impediment exists, it may authorize the marriage procedure to proceed notwithstanding the absence of the traditional consular Nulla Osta.
The procedure is particularly relevant when one of the future spouses is resident in Italy.
Under Italian law, a foreign citizen who is resident or domiciled in Italy is also subject to the Italian marriage-banns procedure (pubblicazioni di matrimonio).
In these cases, the procedure must normally be started with the Civil Status Office of the municipality of residence, and many municipalities will not proceed without satisfactory evidence that the foreign spouse is legally free to marry.
The situation can be different when neither spouse is resident in Italy.
In that case, there may be greater flexibility in choosing the Italian municipality where the marriage will take place.
In our experience, some municipalities are more willing than others to assess alternative documentation establishing the Indian citizen’s capacity to marry, rather than insisting on a document that the Indian Consulate is legally unable to issue.
For this reason, the correct strategy should always be assessed before choosing the municipality and starting the marriage procedure.
The documentation accepted, and whether a court application will ultimately be necessary, may depend significantly on the municipality involved and on the individual circumstances of the couple.
Documents You May Need to Obtain Court Authorization to Marry in Italy as an Indian Citizen
Documents Required for Marriage Registration in Italy
- Bachelorhood certificate:
- Issued by a competent authority in India (e.g., Assistant Commissioner of Police, Deputy Commissioner of Police, or a First-Class Judicial Magistrate).
- It must be apostilled or attested by the Ministero degli Affari Esteri (MEA) in New Delhi.
- In some cases no Objection Certificate from Parents:
- If both parents are in India: The dichiarazione must be apostilled/attested by the MEA in New Delhi.
- If both parents reside in another country: The dichiarazione must be attested by the Indian Embassy/High Commission/Consulate in that country. Parents in Italy must appear in person.
- If one parent is in India and the other in Italy: The dichiarazione from the parent in India must be apostilled/attested by the MEA.
- Valid Passport:
Clear photocopies of relevant pages - Affidavit of intent to marry:
This must be completed in the prescribed format.
Additional Conditions
- Citizenship limitation :
If either party holds an Italian passport, the marriage must follow a different procedure depending on weather the Italian spouse resides in Italy or abroad (AIRE).
Other nationalities:
If either party holds a passport from another country, a Nulla Osta or a certificate of marriage capacity must be issued by their country’s competent authority in Italy and attested by the respective Embassy/Consulate in Italy.
We will be your Legal advisors in Italy
Due to our experience in law firms and the foreign offices of the Italian public administration, we gained significant expertise in Consular affairs, and we are trained to solve the most complicated procedure such as:
- Marriage Nulla osta process, legalization procedure, Court hearings for the refusal of the town hall when there documents missing , legal translation, apostille procedure, emergency procedure for legalization.
- Immigration law services and consular support for non-EU citizens applying for a Schengen visa.
- Ricongiungimento Familiare and Coesione Familiare.
- Same-sex couples that want to celebrate a civil union in Italy when in their country the union is forbidden.
- Couples that come from countries where divorce is not allowed;
Italians living abroadregistered at A.I.R.E. that need to recover their document to start the marriage banns in the Italian Consulate. - Assistance with people that come from countries that do not release the nulla osta.
- American and Australian couples who needs assistance with “atto notorio” in an Italian Court or the Italian Consulate in the USA or Australia.
- People with refugee status who have requested asylum in Italy.
For all other matters, please visit our FAQ section.
