Making all the arrangements for your beautiful wedding ceremony is enough. Your marriage won't be legal unless you get it registered. This is a common procedure, which has to be followed by everyone. Find out how you can get a marriage certificate both before and after the ceremony. It is a rule that all the marriages have to be registered whether you are having a wedding ceremony or not.
If a marriage is not registered it is not considered valid during legal procedures such as, applying for a joint home loan. You could also be fined for not registering your marriage. A marriage certificate is an important proof, in case there are some problems between you and your spouse in the future and a legal action needs to be taken.
Court Marriage is a common procedure, which has to be followed by everyone. If a marriage is not registered it is not considered valid during legal procedures such as, applying for a joint home loan. You could also be fined for not registering your marriage. It is a rule that all the marriages have to be registered whether you are having a wedding ceremony or not.
A. Passport Size Photographs - four each of Marrying Persons.
B. Residential Proof (Voter Card / Passport / Ration Car / Driving License / Bank Passbook / Lease Deed / Rent Deed) of Marrying Persons.
C. Date of Birth Proof (Municipal Corporation Certificate, X th or XII th Examination Certificate, Passport, PAN Card) of Marrying Persons.
D. If any party is divorcee Certified copy of Decree of Divorce granted by the Court.
E. If any party is widow / widower Death Certificate of the dead spouse.
F. If any party is a Foreign Citizen or holding a foreign Passport or is having foreign residential address.
G. Certificate of Present Marital Status of the party / No Impediment Certificate / NOC from concerned Embassy and Valid VISA.
H. Two Witnesses ( Both should be major )
Indian Govt. has made two law for the NRI Marriage one is Special Marriage Act-1954 and another is Hindu Marriage Act 1955. NRI can get the marriage certificate either of one. Under Special Marriage Act -1954, thirty days’ notice is issued while under Hindu Marriage Act -1955 one can get the marriage certificate on the same working day.
Court Marriage is a union of two soul where oath ceremony is performed according to Special Marriage Act-1954 before the Registrar of Marriage in the presence of three witnesses thereafter a court marriage certificate is issued directly by the Registrar of Marriage appointed by the Govt. of India. Franc ally speaking marriage is solemnised between man and women before the court of law.
Arya samaj is an option for people of all religions – anyone can have Arya Samaj Marriage. Marriage is an important event in any human body’s life. In indian society it holds a sanctimonious place. Arya Samaj Marriage is conducted according to arya marriage validation act XIX of 1937 and is solemnised according to vedic rites. In these marriages, the Pooja is not performed to any specific deity because Arya Samaj Marriage does not believe in idol worship. Fire and other elements are the only witnesses to the ceremony. Simplicity is the hallmark of Arya Samaj Marriage. The Rituals performed are the ones prescribed by the Vedas and the mantras so that couple must know what the meaning of their marriage vows.
A Marriage (Arya Samaj Marriage or an arranged Marriage) is directly registered by the Registrar of Marriage under section 8 of Hindu Marriage Act-1955 on the same working day. Verification of all the documents is carried out on the date of application and thereafter Marriage is registered on the same working day by the registrar of marriage appointed by the Govt. of India and marriage certificate is issued.
For solemnization of marriage (Court marriage), presence of both parties is required after submission of documents of issuance of notice of intended marriage. A copy of the notice is pasted on the office notice board by the Marriage Officer. Any person maywithin 30 days of issue of notice, m-card-certificate objection to the intended marriages. In such a case, the Marriage Officer shall not solemnise the marriage (between 9.30 to 1 pm) until he has decided the objection, within 30 days of its receipt.
If the Marriage Officer refuses to solemnise the marriage, any of the parties may m-card-certificate an appeal within 30 days to the District Court. In case no objection is received, the Marriage Officer solemnises the marriage after 30 days of the notice. Both parties along with 3 witnesses are required to be present on the date of solemnisation of marriage. It is advisable to submit names of witnesses at least one day in advance, one of them be a lawyer.
India is a secular country. One can get marriage irrespective of his cast, creed and culture if basic condition are fulfilled. Article 21 of the Constitution of India provide protection to our life and liberty.
A marriage which has already been solemnised either by Arya Samaj Mandir or arranged marriage has been performed can be registered either under theHindu Marriage Act, 1955 or under the Special Marriage Act, 1954. Registration of marriages has become mandatory in Delhi.
A foreigner can get marriage under Special Marriage Act-1954 or under Hindu Marriage Act-1955. If one partner is residing in a foreign country then the partner who is resident in India will have to fill out the “Marriage Notice” collected from the Marriage Registration Office.
(1) Marriage or “Nikah” in Islamic law is a contract pure and simple needing no writing and no scared rites. All that is necessary is offer and acceptance made in the presence and hearing of two male or female witnesses and recording the factum of marriage in the “Nikah” Register maintained in every mosque signed by the parties and attested by witnesses. It is payable to the wife on the dissolution of marriage or death or divorce. In India, there is no need to register the Muslim marriage, as there is no law requiring registration.
(2) There are six forms of divorce recognized under Islamic Law. They are Talaq, Talaq bu Tafweez, Kula and Mubaraat, Illah, Zibar and Lian. Talaq confers on Muslim husband the privilege of being able to discard his wife whenever he chooses to do so for reasons good, bad or indifferent indeed for no reason at all. Talaq-i-Tufeez is the exercise of the right of divorce by the wife by virtue of the power delegated to her husband at the time of marriage or even thereafter, Kula and Maturate are two forms of dissolution of marriage by consent. It is thus a kind of divorce by mutual consent. Illah is a constructive divorce in which the husband swears not to have sexual intercourse with his wife for 4 months and abstains from doing so. Zihar is a mode of divorce in which the husband compares his wife with his mother or any other female within prohibited degree. Lian is a divorce in which there is imputation of adultery to the wife by the husband and the wife is entitled to m-card-certificate a suit for dissolution of marriage on the false charge of adultery.
(3) The Dissolution of Muslim Marriage Act, 1939 enables a Muslim wife to seek divorce through court on the ground of, whereabouts of the husband are unknowns for 4 years, failure of husband to provide for the maintenance of the wife for 2 years, sentence of imprisonment of the husband for 7 years, failure to perform martial obligations, impotency of the husband, or insanity of the husband, Repudiation of marriage by the wife before attaining the of 18 years cruelty of the husband and any other ground relevant at that point of time.
In India, there are various Laws which govern the principle of Divorce like Hindu Marriage Act-1955, Special Marriage Act-1954, Indian Divorce Act, Christian Marriage Act, etc. These laws basically deals with various aspects of divorce and most importantly laid down the grounds on which divorce can be sought by the spouses against each other. Under Indian Laws, divorce is generally divided in to two parts:
1 - Mutual Consent Divorce: In Mutual consent Divorce, a joint Divorce petition is m-card-certificated in the District Court containing all terms and conditions regarding settlement between Husband and wife. Statement is recorded by the Court. Subsequently, Court calls parties again after six months to get their statement recorded. After recording of statement, Court grants Decree of Divorce and by virtue of same marriage gets dissolved.
2 - Contested Divorce: In such cases either of the spouses can m-card-certificate a petition for the dissolution of marriage amongst the grounds available to him/her under the law applicable to them and the petitioner (one who m-card-certificates the petition/case) has to prove his case. On successfully proving the charges and grounds, divorce decree is granted by the Court.
Protection of Women from Domestic Violence Act, 2005 which is generally referred as Domestic Violence Act is a newly enacted law among other matrimonial laws. It provides variety of rights to the victim of Domestic Violence. Such right includes right to shelter in the same home,right to maintenance, protection order, residence order, monetary relief, custody of children, etc, etc. The striking feature of the law is that it provides right to third party to institute a complaint under the law, if he/she comes to know about the happening of any domestic violence.
It gives wide discretionary power to the Magistrate in disposing of the complaint under the Act such as passing of an ex-parte order under certain circumstances, etc. It mandates the Magistrate, to attempt to dispose of the complaint within a period of 60 days. It also mandates the magistrate to refer the parties to Counsellor. Law also provides for the appointment of protection officer who is under duty to investigate the case and submit report to the concerned Magistrate.