How to do Court marriage if both the parties are Hindu? अगर दोनों पक्ष हिंदू हैं तो कोर्ट मैरिज कैसे करें? اگر دونوں فریق ہندو ہیں تو کورٹ میرج کیسے کریں؟

A social union and legal contract between two individuals that unites their lives legally, economically and emotionally can be termed as Marriage.

The Marriage gives legitimacy to sexual relations and having a key role in the preservation of morals and civilization.



A Hindu marriage can be defined as a religious sacrament in which a man and woman are bound in a permanent relationship for physical, social and spiritual purposes of dharma, procreation and sexual pleasure.


What is Court Marriage?

Court Marriage is solemnized in the presence of a Marriage Registrar, whereas a traditional marriage takes place in the presence of family members and relatives by following rituals.

In a Court marriage, the presence of Marriage officer and three witnesses with the couples of marriage is enough and there is no requirement for any ritual to solemnize the marriage.

As per Supreme Court of India in the matter of Smt.Seema Versus Ashwani Kumar, AIR 2006 SC 1158, the registration of marriage is compulsory.


Marriage Registration

If the couples are from Hindu, Sikh, Jain or Buddhist, then their marriage will be registered under the Hindu Marriage Act, 1955.

If one of the couples is Muslim, Christian, Parsi then their marriage will be registered under the Special Marriage Act, 1954. 

 

Registration of Marriage under the Hindu Marriage Act, 1955

Essential Conditions of a valid Hindu Court Marriage:

A marriage may be solemnized between any two Hindus if the following conditions are fulfilled:

👉Neither party has a spouse living at the time of marriage.

👉Neither party is incapable of giving a valid consent to it in consequence of unsoundness of mind.

👉Neither party is suffering from mental disorder or such kind or such an extent as to be unfit from marriage and the procreation of children.

👉Neither party has been subject to recurrent attacks of insanity or epilepsy.

👉The legal age of bride should not be less than 18 years and 21 years for the groom at the time of marriage.

👉The couples should not fall within the degree of prohibited relationship. 


Documents required for the Court Marriage:

💕Application form dully signed by the bride and groom with the Receipt of fees

💕Residential proof of bride and groom, like Election Card , PAN Card , Aadhar Card, Electricity Bill etc.

💕Two Passport size photographs of bride and groom

💕Date of birth proof of bride and groom, like Birth certificate, educational certificate or Passport etc.

💕Residential and identity proofs of at least two witnesses

💕Death certificate /Divorce decree whichever is applicable, in case of one of the parties had any marriage in the past.

💕Affidavits of bride and groom with the information of date of birth, marital status , and a statement after confirming that they have not related to each other under any kind of prohibited degree of relationships.

💕If the couples have performed their marriage at any religious place, then a certificate from the priest or authorized person.

💕Marriage photographs with invitation card. 


Procedure of Marriage Registration under the Hindu Marriage Act, 1955

The marriage registration procedure is different in different state. The important procedures are as follows:

👉The couples who wanted to register their marriage should apply with the prescribed application form with the documents in the office of the Marriage Registrar; however they apply through online mode as well.  

👉After verification of the documents, the couples will be given a fixed date to appear before the Marriage registrar and to issuance of the marriage certificate

👉The fixed date may be 15 days in case of Hindu Marriage Act, and 30 days in case of Special Marriage Act.


Procedure of Marriage under the Special Marriage Act

👉The parties have to file a Notice of Intended Marriage after making an application in the office of the Marriage Registrar.

👉They can apply in the city/district, in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given.

👉The notice is then published by the Registrar of Marriage inviting objections, if any.

👉If there is no objection, then after the expiration of 30 days from the date on which notice of intended marriage has been published, the marriage may be solemnized. The marriage may be solemnized at the specified Marriage Office.

👉Both parties along with three witnesses are required to be present on the date of registration/Solemnization.

When the marriage is solemnized then the Marriage Officer after taking the signatures of both the couples including three witnesses will issue a Marriage Certificate. This marriage Certificate is a legal proof of the Marriage.

 

Your questions answer: 

What are the advantages of registering a marriage?

 👉Marriage Certificate is a document providing social security, self-confidence, particularly among married women

👉A Marriage Certificate is a document, which provides valuable evidence as to the fact of Marriage.

👉Marriage Certificate is useful in getting the visa for the wife/husband. 

👉A Marriage Certificate helps in claiming the Bank deposits or Life Insurance benefits when the account holder or the Insurer dies without a nomination.

 

What are the laws under which a Hindu marriage is registered?

Marriages can be registered under the following laws in the office of Marriage registrar:

👉Hindu Marriage Act, 1955

👉Special Marriage Act, 1954

 

Where can people get their marriages registered?

Marriages can be registered in the office of the Marriage Registrar within the jurisdiction of which the marriage has taken place or in the office of Marriage Officer in whose jurisdiction the bridegroom resides permanently.

 

To whom does the Hindu Marriages Act apply? 

Hindu Marriage Act applies to Hindu, Buddhist, Brahma, Sikhs and Aryasamaj, and also applies to those who follow Hindu religious customs. But this Act does not apply to Muslim, Christian, Parsi or Jew Communities.

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