Marriage Registration – Court marriage in India

Marriage Registration – Court marriage in India

Introduction

Court marriage is a word very popular in India. And normally people think that court marriage takes place in Court. I want to make it clear is that court marriage is not taking place in court. Sometimes parents of girls or boys do not agree with their marriage and in such cases boys or girls run away from their houses and try to get court marriage. But what exactly court marriage means? (Marriage Registration – Court marriage in India)

Therefore, those who want to go for court marriage, the parties have to solemnize the marriage in the temple as per the Hindu custom, rite and rituals. It also involves Saptpadi. It is important to get a proper receipt from the temple authority. Thereafter parties and two witnesses have to sign a joint declaration of marriage. However, the joint declaration has to get notarized before a notary public. Hence, this is the marriage procedure usually follow in Mumbai, Thane and Navi Mumbai district.

Marriage Registration – Court marriage in India

Procedure for registration of Marriage

And after solemnization of marriage parties have to approach concern marriage officer of the district to get the marriage register under the act. Nowadays, Municipal Corporation issues marriage certificates in Mumbai and Maharashtra state. However, parties need to register online to get a marriage certificate and need to fill up the prescribed form online. And after submission and verification of documents and witnesses documents Municipal corporation issue a marriage certificate. (Marriage Registration – Court marriage in India)

Who can marry under the Hindu Marriage act

Under the marriage act a Hindu man can marry another Hindu girl. Hindu marriage act applies to Buddhists, Jaina, Sikh religion. Hindu marriage can get solemnize as per the customary rites and ceremonies of either party. Here is Hindu marriage act

Condition to get married under Hindu marriage act

If a person wants to marry under the Hindu Marriage Act, he has to follow some condition:

  • He or she shall have a spouse at the time of marriage
  • Both parties need to be in a sound mental state. They should be in a position to give valid consent for marriage.
  • Both the parties shall not suffer from any mental disorder
  • They should not have subject to recurrent attacks of insanity.
  • The bridegroom should have completed 21 years and the bride should complete 18 years of age.
  • Either of the parties should not be in the degree of prohibited relationship
  • And they should not sapindas to each other.

Registration of Marriage of Under Hindu Marriage Act

However, the purpose of marriage registration is to facilitate the proof of Hindu marriage. The question arises is that whether marriage registration is compulsory or not. In India, the state government shall decide to make marriage registration is compulsory or not. Marriage register shall open for inspection to any person. And the marriage register shall admissible in evidence. Any person can get a certified extract of the marriage register by paying the necessary prescribed fees.

And also and most important is that if any person did not register his marriage before marriage registrar in that case Hindu marriage will not get affected. (Marriage Registration – Court marriage in India)

Procedure of marriage under special marriage act

Special marriage act applicable to all citizen of India. And a person from any religion can marry a girl of other religions under this Act. For example, Hindu girls can marry a Muslim boy under this act or wise versa etc.

Conditions for solemnization of special marriage

  1. There shall not be a spouse living at the time of marriage
  2. Neither party is incapable of giving valid consent in consequences of unsoundness of mind.
  3. He should not suffer from any mental disorder
  4. Neither party has subject to recurrent attacks of insanity.
  5. A male should complete the 21 years of age and a girl should complete the age of 18 years of age.
  6. The parties shall not within the prohibited degree of relationship

Notice of Intended marriage

When the parties decided to marry under this act, the parties of the marriage has to give notice in writing in the specified form to the marriage office of the district. Where one of the parties of the marriage has resided for not less than thirty days from the date of notice has given.

However, the marriage officer shall publish every such notice by affixing a copy on some conspicuous place in his office. Where any of the party to the intended marriage is not residing within the local limits of the district of a marriage officer, the marriage officer shall send a copy of such notice to the marriage officer of the district within whose limits such party is permanently residing. And that marriage officer shall affix a copy on some conspicuous place in his office.

Objections

Any person objects the marriage on the ground that it would contravene the conditions within thirty days from the date on which notice has given. However, the nature of objection shall record in writing by the marriage officer in the marriage notice book. And also shall read over and explain to the person objecting and shall be signed by him.

If any objection has made, the marriage officer shall not solemnize the marriage until the marriage officer has inquired into the matter and is satisfied that it ought not to prevent the solemnization of marriage or the objections has withdrawn by the person making it. But the marriage officer shall not take more than thirty days from the day of objection and arriving at a decision.

However, when the marriage officer upheld the objection and refuse to solemnize of the marriage, any party of the marriage may appeal to the district court within 30 days from the date of such refusal. And hence, the decision of district court shall be final.

Place of marriage

Marriage under special marriage act shall perform before the Marriage registrar. But both parties have to appear before the marriage registrar at the time of marriage.

However, the place of marriage shall be the office of the marriage officer or any such other place within a reasonable distance therefrom as the parties may desire upon such conditions and payment of such additional fees. In other words, parties may solemnize the marriage at any other place but they need to pay additional fees.

That parties may choose to adopt any form of marriage. There shall not be any binding on the parties unless each party says to others in the presence of the marriage officer and the three witnesses and any language understood by the party.

Marriage Certificate

After the solemnization of marriage, the marriage officer shall issue a certificate to the parties. Such certificate shall sign by the parties to the marriage and three witnesses.

Documents are required before marriage registrar

  • Both the parties Identity proof, address proof and birth proof are compulsory
  • Witness address proof and Identity proof

Documents are required for foreign national

  • Copy of passport and visa
  • Copy of address proof of a foreign country.
  • Birth certificate or any other proof of birth date and
  • Affidavit of single status and
  • Copy of order of divorce if available

Registration of marriage solemnized in other forms

A. Where any marriage solemnized in any other form other than marriage solemnized under the Special Marriage Act may be registered under this Act by marriage registrar if the following conditions are fulfilled. (Marriage Registration – Court marriage in India)

  1. Marriage ceremony has performed between the parties and they have to live together as husband and wife ever since
  2. Neither of the party shall have more than one spouse living at the time of registration
  3. Neither of the party is lunatic or idiot at the time of registration
  4. that the parties shall have completed  the age of 21 years of the time of registration
  5. the parties shall not be in the degree of prohibited relationship.
  6. the parties shall have to reside within the district of the marriage registrar.

B. Registration procedure

After receiving the application signed by the parties of the marriage for the registration of the marriage. The marriage officer shall give public notice in the manner prescribed. And after allowing the objections within thirty days and after hearing any objection received within that period, shall, if satisfied that all the conditions are fulfilled. The marriage officer shall issue a marriage certificate.  However, the certificate shall be signed by the parties to the marriage and with witnesses.

Also read Maintenance to women under Indian law

 

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