Court Marriage and Marriage registration

Court Marriage

Court marriages are completely different from the ordinary marriages which by and large happen amidst all the relatives by following every one of the customs. Court marriage, for the most part, take place within the sight of a marriage officer. In the court marriage, any two people who are qualified can marry each other within the sight of three witnesses. There are no requisites for any ceremonies to solemnize the marriage. Presence of a marriage officer and three witnesses are sufficient. The main important thing in the court marriage is that it should satisfy the rules and regulations of the special marriage act, 1954.

Individuals of different sexual orientations regardless of their caste, culture and religion can get married to each other through the court marriage. It isn’t even obligatory that both people must be of Indian nationals. There can be one Indian national and one foreign national too.

Marriage Registration

A marriage registration certificate is an official declaration which states that two individuals are married. In India, Marriages can be registered under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. For both the kinds of marriage, a marriage registration certificate is the declaration with lawful authority that a couple is married. In 2006, the SC made it compulsory to enroll the marriage for safeguarding the women’s rights. Thus, getting a marriage registration certificate after marriage can have multiple advantages.

Marriage registration certificate is a crucial document while applying for a passport or opening a new bank account with a new surname after the marriage. Also, in case the of visa processing or foreign travel, many embassies demand a copy of the marriage registration certificate. Hence, a marriage registration certificate is compulsorily required for couples move to abroad after marriage.

Rules and Regulations of a Court Marriage in India:

1) There should not be a pre-existing marriage for any of the party. The only exception is, the previous spouse is not alive or divorce has been obtained from them.

2)  Free consent for the court marriage should be given by both the parties. Consent should not be taken into account when the person is insane, unsound mind etc.

3)  Both the parties should be of legitimate age to get a court marriage.  The boy should be 21 years old and the girl should be 18 years old.

4)  Both the parties to the court marriage should not be related to each other under the forbidden lines of marriage. Marriage in these cases is validated only if one of the parties’ customs allows it.

Rules and Regulations of Marriage registration in India:

1)   Neither party should have a spouse living at the time of the wedding.

2)   Neither should give the consent due to unsoundness of mind.

3)   Though both the parties are capable of orating a valid consent, neither of them should be suffering from any kind of mental problem.

4)   Neither of them should be subjected to recurrent attacks of epilepsy or insanity.

5)   The bride should be at least 18 years old and the groom should be 21 years old at the time of marriage.

6)   The parties are not within the degrees of prohibited relationship unless the custom allow so.

7)   The parties are not a lineal descendent of the other (sapindas), unless the custom or tradition prevailing permits of a marriage between the two.

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