Best Marriage Registration Lawyer in Kokrajhar | Top Marriage Registration Advocate in Kokrajhar - Legalresolved
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MARRIAGE REGISTRATION LAWYER in Kokrajhar
‘Marriages are settled in heaven but celebrated on earth, sacred unity of two unknown souls is written right from the birth’.
Marriages in a country like India, is considered to be a very pious institution. Our country is well known for its strong moral values and traditional integrity. The union of a man and woman is considered most sacred in the country like India. Marriage is an institution which legitimizes the right to procreate, under its various customary and statutory laws. Apart from the right to procreate, it develops between the two individuals a unique bond of trust, honesty, friendship, faith and what not. The other person starts to mean everything to you. It is very common, that since the early childhood days, the girls starts dreaming about her marriage and creates an image of her future husband, in her mind. When the words like ‘the couples for marriages are decided by god in the heaven’ reaches her ears; she expects her wedding to be similar to something out of a fairy tale.
India being a country with diversity of culture, the marriages can take place within the individuals of different culture. This is what makes the marriages in our country to be governed by two different acts, namely the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954. Apart from this, various other personal laws relating to marriage and divorce are kept in mind for their respective religions, such as the Indian Christian Marriage Act 1889 and the Parsee Marriage & Divorce Act, 1939.
Upon the solemnization of this pure and pious relation, according of all the traditions, one needs to have a marriage certificate. This certificate is needed to be sure that marriage has taken place between the two individuals that too keep in mind all the provisions of the personal laws relating to marriage. For obtaining this marriage certificate one needs to get the marriage registered in india, the complete process of which is generally known as marriage registration.
This process of registering the marriage is a compulsory task, as the Apex court of our country in its various leading judgments rendered in the year 2006 and 2007, such as Smt. Seema V. Ashwani Kumar have stated that all marriages must be registered, without any kind of exception to any religion. This step was taken up by the Supreme Court, keeping in mind the instances of child marriage, unlawful abandonment and bigamy, which were increasing at an alarming rate. The step was taken up with the motive of reducing these activities and so that a check is kept of these kinds of happenings, so that they can be prevented in due course of time. Also, with such a step by the uppermost court of our country, the women started feeling secure.
WHAT IS MARRIAGE CERTIFICATE
In simple terms, marriage is nothing but a contract between the man and woman through which they connect with each other, for the purpose of living together. This may be done by taking the seven rounds, as for the Hindus, or by signing a deed of contractual nature, as happens in case of Muslims. Upon registration of marriage, you obtain a marriage certificate which is nothing but the legal proof that marriage has been solemnized between the two individuals. Hence, this is the verification and testimony of your marriage and is a very important document, which should be kept with you in a very safe manner. It is equally important for both the parties to be a party to that contract and sign it by will if they want their bond to be called as a marriage.
This certificate is issued to both the spouses.
THE HINDU MARRIAGE ACT, 1955
This act is a very vital act relating to Hindu marriage and was enacted by the Parliament of our country in the sixth year of Republic. The need of the act was felt to amend and codify the laws relating to marriage for the Hindus. It is an act which regulates the institution of marriage.
The ambit of this act is extended to the whole of India, except the state of Jammu and Kashmir. The act applies to various religions, be it Hindu, Jains, Sikhs or the Buddhists. Apart from these, it is also applicable to the persons who have converted themselves into any of these religions, from any other religion.
The foremost and the most essential condition stated under the act for a marriage to be successful and solemnized is the minimum age of both the bride and the groom. The bride should have attained the age of 18 years and the groom should be minimum 21 years in age.
Where to apply for registration
For obtaining a marriage certificate, for the marriage solemnized according to this act, one can apply at office of the Sub-Divisional Magistrate in whose jurisdiction the husband or wife resides. This application can be made on any working day.
Documents required to be attached
The filled application forms for obtaining a marriage certificate has to by duly signed buy both the husband and the wife and have to be attached with the following documents:
• Proof of Address, which can be any example the Voter ID, Ration Card, Passport or the Driving License
• Proof of Date of Birth of both husband and wife which can be any example the Matriculation Certificate, Birth certificate or the passport.
• 2 passport sized photographs and 1 marriage photograph
• Separate Marriage Affidavits in prescribed format from both the Husband & the Wife which should state the following essentials:
a) Date and place of marriage.
b) Date of Birth.
c) Martial status at the time of marriage.
d) Affirmation that the parties are not related to each other within the prohibited degree of relationship as per Hindu Marriage Act.
• Aadhaar Card
• Marriage Invitation Card (if available at that time)
• In case, the marriage has been solemnized at a religious place, a certificate from the priest.
• In case of a foreign national, a certificate from the Embassy concerned regarding his or her present martial status.
• In case one of the parties belong to other than Hindu, Buddhist, Jain and Sikh religions, a conversion certificate from the priest who solemnized the marriage.
All the above stated documents need to be self attested by the partners.
Are witnesses required?
Any person who has attended the wedding ceremony is capable of being a witness, provided he / she have a PAN Card and a Proof of Residence.
The fees for the registration of marriage, generally ranges between Rs 100 to 200.
The procedure ahead
All the documents are verified on the same day on which the application is made. After that, a date and place is fixed for registration and the same is communicated to the parties. On this decided day, both the spouse have to be present before the SDM, along with the gazette officer who was a part of the marriage ceremony of the spouses. Then, the Certificate is issued on the same day.
Time taken for this whole process
Generally, the whole process to be completed takes around 14 days.
Benefits of getting a marriage certificate
• Marriage certificate is required on applying for a passport or in case of opening of a bank account after the wedding has taken place.
• It is very helpful to both the spouses in obtaining visas.
• As the foreign embassies in India as well as in countries outside India, do not recognize traditional marriages, the Marriage Certificate is mandatory for the couple to travel abroad using a spouse visa.
• It enables a spouse in claiming life insurance return or bank deposits in case of demise of the Insurer or depositor without any nominee.
THE SPECIAL MARRIAGE ACT, 1954
Enacted by the Parliament of our country in the later period of the 19th century, this act was enacted to provide a special form of marriage for the people of India and all the Indian nationals residing in the foreign countries. This provides the marriage to take place irrespective of the religion or faith followed by either of the partners.
This act is applicable to those persons, who prefer getting married by means other than the religious means and ceremonies. Example: Court Marriage
Court marriages can take place among various people. Some of the most popular ones are listed below:
• In case both the partners are Hindus
• In case both the partners belong to different religions
• In case the marriage is taking place between an Indian and a foreigner.
Vital conditions required for court marriage to take place
Whenever going for a court marriage, it should be made sure that the following conditions are fulfilled:
• Both the partners are unmarried
• Both have attained the legal age of marriage, as according to their personal applicable laws
• Both the partners should be of sound mind.
Documents required to be attached
For a successful registration under this act, the following documents are required to be attached:
• A valid passport
• Birth certificate
• Divorce certificate, in case any of the partner is a divorcee
• Death certificate of the deceased spouse, in case any of the partner is a widow
• A certificate which will clearly mention that the couple has stayed in India for minimum 30 days
• Passport sized photographs
• Address proof
Are witnesses required?
The presence of 3 eye witness is necessary provided he / she have a Proof of Residence. Along with it, their photos are also required.
There is no provision of fees to be taken by the Registrar. The fee for the registration form of marriage generally ranges between Rs 100 to 200 and also varies from state to state.
The procedure ahead
Once the form is filled, the individuals are required to submit the form to the registrar of the district, in which any one of the spouse have resided for at least one month. After that, the marriage will take place after one month of this application, in case of no objection by any person. The physical presence of both the partners is necessary at the time of marriage and the marriage will take place at the marriage office, specified earlier.
The above stated are the steps and procedure, which the individual needs to follow, to obtain a marriage certificate. Any person can apply for this certificate before the competent authority, and also you can hire Marriage Registration lawyer in Kokrajhar for your own convenience.
In case any kind of problem arises in this complete process of registration and obtaining a marriage certificate and any sought of legal consultation in Kokrajhar is required, legal resolved is always there to help you out. Legal resolved is an online legal platform with a team of experts, who works day in and day out just to help you solve your problems. The ambit and specialization of ours is not limited to a single field and we have spread our tentacles to every field, as we have experts of every area in our team. These people are highly specialized and knowledgeable and also have years of practical experience. Hence, the duo of knowledge and experience always helps our team members to fulfill our clients’ expectations and come out with flying colors.
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