16 July 2018 05:25PM
Registration under Hindu Marriage Act, 1955-
The Hindu Marriage Act is relevant in situations where both the partners to a marriage are Hindus, Buddhists, Jains or Sikhs, or where they have changed over into any of these religions. The underlying phase in this procedure is to apply to the sub-registrar center under whose ward the marriage has been solemnized, or either party to the marriage has been living.
The two accomplices should fill in the Application Form, sign it and submit it alongside two photos of the wedding functions, welcome card of marriage, age and address evidence of the two parties, testimony of Notary/Executive Magistrate to demonstrate that the couple is married under Hindu Marriage Act 1955, fit mental condition and confirmation of non-connection between the parties inside the degree of restricted relationship.
Every one of the documents ought to be bore witness by a Gazette Officer and the parties should deposit a charge with the clerk at the sub-registration center and attach the receipt with the Application Form. Once the application has been submitted and all the documents are duly checked, the concerned officer will appoint a date of registration when the marriage certificate will be issued.
Under the Hindu marriage Act, 1955, certain conditions must be satisfied keeping in mind the end goal to consider the marriage between the parties legitimate and valid. These conditions have been determined under Sec. 5 and sec. 7 of the Act. By temperance of section 5 of the Hindu Marriage Act 1955, a marriage is viewed as legitimate just if both the parties to the marriage are Hindus. On the off chance that both of the parties to the marriage is a Muslim or a Christian, at that point the marriage won't be a legitimate and legal Hindu marriage.
A marriage can be solemnized between any two Hindus if the following conditions are satisfied, to be specific:
· If neither one of the parties has a life partner living at the time of the marriage,
· If neither one of the parties is unequipped for giving a valid consent to it in the outcome of unsoundness of mind,
· Though equipped for giving a legitimate and valid consent, neither of them has been experiencing any psychological issue or to such a degree as to be unfit for marriage and the procreation of kids,
· If neither of them has been liable to recurrent attacks of insanity or epilepsy.
· The bride has finished the age of 18 years and the groom the age of 21 years at the time of the marriage,
· The parties aren't inside the degrees of prohibited relationship, except if the custom or utilization governing every one of them grants of a marriage between the two,
· The parties are not a lineal ascendant of alternate (sapindas), except if the custom or utilization representing every one of them grants of a marriage between the two.
Degree of prohibited relationship– Two people are said to be secured under the degrees of prohibited relationship –
· If one of them is the lineal ascendant of the other,
· If one was the spouse or wife of lineal ascendant or relative of the other,
· If one of them was wife of the brother or of the father’s or mother’s brother or of the grandfather’s or grandmother’s brother of the other,
· If they are brother and sister, aunt and nephew, uncle and niece, or children of brother and sister or of two brothers or of two sisters.
A marriage will be considered void if it falls in the above stated
Exception: The traditions/customs play a vital part here i.e. On the off chance that there is a custom administering the parties, they may marry regardless of the fact that they fall under the degrees of restricted relationship.
Discipline: A marriage which is solemnized between the parties inside the degrees of denied relationship is viewed as invalid/null and void.
The parties of such a marriage are obligated to be punished with a basic imprisonment for a time of a month or with a fine of Rs. 10000/ - or with both.
Solemnization in Hindu Marriage-
The Hindu Marriage Act, 1955 manages ceremonies to be followed in a Hindu marriage, by the temperance of Sec. 7. This provision communicates that a Hindu marriage can be solemnized according to standard traditions and ceremonies of both of the parties.
A Hindu marriage can be solemnized in accordance with the customary rites and ceremonies of either party.
Where the customs and ceremonies incorporate the saptpadi (the making seven steps by the bride and the groom together around the consecrated fire), the marriage winds up entirely and restricting when the seventh stride is taken.
These functions may change as indicated by the traditions and customs took after by the parties.
Special Marriage Act, 1954
The Special Marriage Act is applicable to all citizens residing in the territory of India. Any individual, independent of religion can solemnize and enlist their marriage under the Special Marriage Act, 1954. The persons meaning to enlist their marriage under this Act need to pull out thereof in writing in determined structures to the concerned marriage officer, in whose locale no less than one of the parties to the marriage has resided for a time of at the very least 30 days instantly going before the date on which the notice is given.
A duplicate of the notice is attached on the notice leading board of the registration office and a duplicate of the notice is sent to the marriage officer of the territory where both of the parties having present/lasting locations for similar publication. After the termination of a month from the date of publication of the notice, if no protests/objections are received, the marriage might be solemnized In the event that there ought to be an event of protest the marriage officer drives an enquiry and the marriage is solemnized after the enquiry closes.
On the day of solemnization, three witnesses are required in addition to fundamental distinguishing proof archives which incorporate verification of age and address of the two parties, oath as to these also marital status, fit mental condition, non-connection between the parties inside the level of prohibited relationship, international ID measure photos and with three witnesses to at long last solemnize the marriage. From that point forward, the couple may apply to have their marriage enrolled and get an official marriage declaration from the registrar.
The Special Marriage Act, manages the two registrations and solemnization of marriage. Under this Act, there are sure conditions that have been set down under Sec. 4, which are impressively like those set down under Sec. 5 of the Hindu Marriage Act, 1954.
As indicated by this act, no religious services are an essential for a marriage to be completed.
This Act sets out the accompanying conditions for a marriage to be viewed as a legal one, having lawful standing, by the excellence of Sec. 4:
· Neither of the party ought to have a companion living at the time of the marriage.
· The physical and mental limit of the both the parties must be according to the section requires.
· The age of the parties i.e. the female has finished the age of 18 and the male has finished the age of 21.
· The parties aren't inside the level of denied relationship gave that custom representing one of the parties allows such a marriage between them.
A marriage infringing upon any of the above conditions will stand invalid and void under the Special Marriage Act, 1954. For the Hindus, Jains, Buddhists and Sikhs wedding inside these four communities, the Special Marriage Act 1954 is an another option to the Hindu Marriage Act 1955.
Marriage Registration Online-
You can enlist a marriage registration on the web, however not in every single Indian state. It is inaccessible even in bigger urban communities, for example, Mumbai and Bengaluru yet is as of now conceivable in Delhi. A resident of Delhi who wishes to avail of the profit of Online Registration of Marriage Certificate alternative may visit the site: http://edistrict.delhigovt.nic.in/ and agree to the accompanying procedure:
An affirmation page will then show up with all the pertinent subtle elements of your appointment and directions to be taken after. A temporary number will be allocated that will be found imprinted on the affirmation slip. The candidate must print and save a duplicate of the Application form and affirmation slip.
Applicants are likewise required to take a witness alongside them to the Sub-registrar for marriage enrollment. A man who hosts went to the marriage of the parties can be a witness, provided the said individual has a PAN Card and a residential address proof.
Purpose of Marriage Certificate-
A Marriage Certificate is an official proclamation building up the marital status of a couple. It is a critical archive, which one can depend upon to demonstrate or prove that they are lawfully married to somebody, and for different purposes like getting an identification card, opening a financial balance, changing one's last name by birth, and applying for an income certificate, in addition to other things. A marriage declaration is basically the legitimate verification of enrollment of a marriage.
In India, a marriage can either be enrolled under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. The Hindu Marriage Act is material to Hindus, while the Special Marriage Act is appropriate to all subjects of India independent of their religion. The Hindu Marriage Act accommodates the registration of a previously solemnized marriage, and does not accommodate solemnization of a marriage by a Marriage Registrar. In any case, the Special Marriage Act accommodates solemnization of a marriage and in addition to it, enrollment by a Marriage Officer. To be qualified for marriage in India, the base age is 21 years for males and 18 years for females.
Procedure of a Christian Marriage in India-
In spite of the fact that the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 are the two primary enactment representing the procedure of solemnization and registration of a marriage in India, there are sure other enactment sanctioned to administer the procedure of marriage solemnization and marriage enrollment between certain minority religions that are available in India.
For example, the Christians and the Parsi community –
These minority religions are not secured under both of the two essential enactment however are given an equivalent treatment and consequently it was extremely fundamental for the Indian Legislature to outline laws in such manner.
Every single Christian marriage in India are administered and governed by the Indian Christian Marriage Act, 1872, which accommodates the solemnization of marriage either by a minister or by a priest of the church.
The Indian Christian Marriage Act 1872-
· The Indian Christian Marriage Act, 1872, says that every single Christian marriage will be solemnized under its own provisions. Notwithstanding that, by the virtue of Sec. 4, it expresses that, aside from Christian-Christian marriages, the marriage of a Christian with a non-Christian can likewise be solemnized under this Act.
· The general conditions are same with respect to alternate marriages, i.e. the marriage should happen with free consent of both the parties, the couple(bride and the bridegroom) entering into a marriage ought to be of 18 and 21 years separately respectively, and neither one of the parties can have a mate/spouse living.
· Aside from this, following procedure is to be taken after if marriage is performed under this Act.
Notice of intended marriage-
If both, bride and the bridegroom, reside in the same area, either party will have to notify the Minister of Religion of their intention to marry each other by the way of a notice. Likewise, if both the parties live in various zones, each party needs to make their different notice in keeping in touch with the Marriage Registrar arranged inside their regions of living arrangement.
The notice has certain important details like-
· If any of the parties is a minor: The father, if living, of the minor, or, if the father is dead, the legal guardian of the minor, and, on the off chance that there is no such guardian, at that point the mother of the minor, may offer agree to the minor's marriage, and such consent is thus required for a similar marriage, except if no individual approved to give such consent be occupant in India.
· The Minister at that point issues endorsement/certificate in satisfaction of the notice to solemnize the marriage.
· Persons approved to solemnize: According to Sec. 5 of the Indian Christian Marriage Act, 1872, the accompanying individuals are capable to solemnize a marriage. Marriages solemnized by anyone other than these individual will stand void-
1. A Clergyman of the Church of Scotland, as long as that such marriage be solemnized by the standards, rituals, traditions and services of the Church of Scotland,
2. A Minister of Religion authorized under this Act to solemnize marriages,
3. In the nearness of, a Marriage Registrar delegated under this Act or by him.
4. A individual authorized under this Act to concede declarations of marriage between Indian Christians.
Performance of marriage-
A Christian Marriage is performed between parties to the marriage as per the ceremonies that are viewed as appropriate and basic according to a Minister or Priest playing out the marriage. The marriage customs require nearness of two witnesses separated from the priest or the minister playing out the marriage.
On the off chance that a marriage doesn't get performed inside the time of two months after the issuance of the declaration of notice, such a marriage can't be performed after the gap of couple months duration, and afterward a new testament of notice must be connected for keeping in mind the end goal to solemnize the marriage.
· The Indian Christian Marriage Act, 1872, under Part IV manages the marriage enrollment performed under this Act. The parties are required to make an application for the marriage enrollment to the concerned authority in whose Jurisdiction both of the parties has been dwelling. The Marriage Register is the place the Registrar, who is available and plays out the marriage of the couple, enlists the marriage.
· An affirmation slip of the enrollment is signed by both the parties to the marriage alongside their witnesses and this is joined to the enroll as a proof that the marriage was enlisted. These affirmation slips are conveyed towards the end of the month to the Registrar General of Births, Deaths and Marriages.
· Indian Christian marriages may likewise be supported under an exceptional provision without an earlier notice.
1. The complete Application Form
2. Passport Size Photographs
3. The Marriage Certificate issued by the Minister of Priest who performed the marriage
4. Residential proof
5. Age proof of the parties getting married.
6. An affidavit proving the soundness of mind and marital status of both parties.
Procedure for an Arya Samaj Marriage-
On the off chance that the parties to the marriage are Hindu (or they have changed over to Hinduism), they can likewise settle on a marriage in the Arya Samaj Mandir.
The marriage is thus solemnized by the Arya Samaj Mandir following the Hindu conventions and traditions and religious practices, after appraisal of the required records affirming the age and the consent of the parties.
Regardless of whether the marriage is solemnized by the Arya Samaj Mandir authorities, the parties still need to get the marriage enlisted by the Registrar who will experience the way toward checking the photos and the records/documents and the witnesses of the marriage before issuing the certificate.
Procedure for a Sikh marriage-
In 2012, the Indian Parliament passed a law, enabling Sikhs to enroll their marriage under the Anand Marriage (Amendment) Act, 2012. Despite the fact that Anand Marriage Act was passed in 1909, there was no proviso for the enlistment of marriages which were enrolled under the Hindu Marriage Act, 1955. For the most part Gurudwara is decided for marriage.
A Gurudwara which is perceived has strict rules wherein the properly authorized testimonies of both the parties who ought to be Sikh by religion are taken before the marriage, there is indeed, even a request that guardians of both the sides ought to be available for an appropriate Sikh Marriage function otherwise called Anand Karaj, there are terms and conditions according to rules and customs to be taken after.
Marriage between an Indian and a foreigner-
There are no laws in India that denies an Indian from wedding an outsider in India.
Without a doubt, both must be lawfully of a sound personality and sufficiently capable to marry. The Special Marriage Act, 1954 is appropriate where an Indian and a nonnative expect to marry in India.
In any case, then again, when an Indian plans to marry in some other nation, the Foreign Marriage Act, 1969 is pertinent.
Along these lines, it can be construed that a marriage between an Indian and a non native is a common marriage. All other the records and the procedures to consent are the same as some other common marriage performed under the Special Marriage Act, 1954.
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