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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