Thursday, 29 October 2020
Media is a form of communication, which includes publishing, broadcasting and the internet. The other ways through which the communication can be transmitted to the society are radio, television, newspaper, etc. But in this contemporary world media has developed over time and made the dissemination of information easy.
Media imparts a very vital role in Indian democracy and hence it is called the ‘fourth pillar’ of the democracy. It generates awareness regarding the other three pillars namely Executive, Legislature and Judiciary. It even keeps the people informed about all the social, political and economic activities prevailing in our country.
It is expected from the media to provide impartial and unbiased news as it plays a vital role in shaping the opinions of the society and is competent in changing the whole viewpoint through which people perceive various events. Therefore, it is the primary duty of media to simply put out every minute detail rather than reaching any conclusion about any matter on their own.
BRIEF HISTORY OF MEDIA TRIAL
History of strong media influence on the legal procedure goes back to the emergency of the printing press.
The first celebrity in the 20th century to be tried by media was Roscoe Arbuckle who was acquitted by the courts but due to media trial and media coverage lost his career and reputation. In the midst of media trials the true essence of justice gets lost and the focus tends to shift on the promotion of the media coverage in the public mind.
Another remarkable case is the trial of O.J. Simpson, 1995, where the media played well in promoting the case and creating an opinion in the mind of the viewers much before the court’s order.
In the case of Stephen Downing, 2002, in Derbyshire, through a simple campaign, a local newspaper editor reopened the case and was successful in releasing the convict after twenty-seven years of his conviction.
Therefore, it can be easily said that the media acts as a bridge between the Judiciary and the public as it covers all sort of good and bad aspects creating an impact on the life of an accused.
WHAT IS MEDIA TRIAL
The main component of media trials is portrayal of all the events that have to be kept as secret and then act as a helping hand in shaping the opinion in the mind of the viewers. The media acts as a watchdog and provides us with a common platform where the people can know about all the things happening in the society. Thus, this only leads the whole world towards being biased against one community or a single person. In many cases Media trials give an unfair portrayal of the accused and destroy the career of many people, merely by the fact that they were accused, even though they have not yet been proven guilty by the court of law.
EVOLUTION OF MEDIA AND FREEDOM OF PRESS IN INDIA
Indian Constitution recognizes as well as protects the freedom of media under Art. 19(1)(a) which is Right to freedom of speech. Indian media, from being completely operated by the State to setting up by corporate who are largely seen as professionals, is generally neutral in its coverage of the events and has passed through many phases.
The proficiency of media has improved to a great extent after liberalization. In the late 90’s many international news agencies such as CNN, Bloomberg, TV 18 network and BBC came in Indian media market and increased the competitiveness in the segment which was earlier covered only by Doordarshan. This was decided by the apex court in the case of Secretary, Ministry of I & B v. Cricket Association of Bengal (CAB) that government has no monopoly on electronic media and a citizen, under Art. 19(1)(a) has full right to telecast and broadcast to the viewers or the listener through electronic media television and radio any significant happening or event taking place across the globe.
If the government wants to impose any restriction it can be only levied on the grounds specified in Clause 2 of Article 19. Prasar Bharti, an independent governing board which was established as an autonomous authority for the purpose of regulation of Indian media. After the inception of Prasar Bharti media was blessed with a lot of freedom. It was observed in Indian Express Newspaper case by the Supreme Court that - The expression “freedom of the press” has not been used in Article 19 but is comprehended in Article 19(1) (a).
‘Freedom of press’ explicitly means freedom from interference from authority which may have the effect of interference with the content and circulation of the news simultaneously there cannot be any interference in the name of ‘public interest’ as well. Freedom of press is the soul of social and political communication. These reasons make it mandatory for the Judiciary to uphold the validity of freedom of press and invalidate all laws and administrative actions which interfere with it.”
There exists a neck to neck competition in the field of Mass Media. The primary role of mass media is to address economic considerations, which are perfectly obtained through advertisement. Based on the channel’s Television Rating Points (TRPs) advertisements are aired.
Every media house in order to sustain in the competition needs to telecast relevant news for the public at large. Majority of media campaigns are positive and display its role mainly in investigative journalism, but the cases which are pending in Courts, acceptability of media trial is doubtful.
In the case of R. Rajagopal v. State of Tamil Nadu, the Supreme Court of India has clearly stated that freedom of the press extends to engaging in unoccupied debate about the involvement of public figures in public issues and related events. But it should be taken into consideration that there should be a proper balance between freedom of the press and the right to privacy and in case any defamation has been performed it must be in the terms of the democratic way of life laid down in the Constitution.
In the very famous case of Delhi gang rape, in 2012 popularly known as ‘Nirbhaya case’ the media acted as an activist and reported cases of sexual offence and insensitively without any diligence.
The recent death of actor Sushant Singh Rajput is another instance in which the media is trying to establish self-proclaimed justice system by labelling and making unsubstantiated allegations on Rhea Chakraborty. Due to public rage and anger about the sudden dismissal of one of the shinning stars of Bollywood, the media in this case is trying to narrate the story in a manner so as to induce the public to believe the complicity of the person in order to gain maximum TRP. The Press Council of India expressly said that “The media is advised to refrain from giving excessive publicity to the victim, witnesses, suspects and accused as it will amount to invasion of their privacy rights”.
Although Rhea Chakraborty was alleged for driving Sushant Singh Rajput to commit suicide and cheating on him financially, but according to presumption of innocence she cannot be held liable until the Court decides so. On 8th September 2020 she was arrested by Narcotics Control Bureau (NCB) under various sections of NDPS, of which the full coverage was shown by different media house.
The media press stands on no higher value than any other citizen and cannot claim any privilege (unless conferred specifically by law), as such, as distinct from those of any other citizen. Therefore, the press cannot be subjected to any special restrictions which could not be imposed on any citizen of the country (India).
FAIR TRIAL COMPARED TO MEDIA TRIAL
The right to get justice and fair trial is the integral part under Right to life and personal liberty enshrined under Article 21 of the Indian Constitution. Withstanding Article 21, ‘Right to Fair Trial’ is recognized as a basic theory of justice in India. Important provisions which aims at protecting this right are contained under the Contempt of Courts Act, 1971 and under Articles 129 and 215 (Contempt Jurisdiction-Power of Supreme Court and High Court to punish for Contempt of itself respectively) of the Constitution of India.
One of particular concern to the media trial is the restrictions which are imposed on the publication of issues relating to the case pending before a Court. A journalist therefore may be liable for the contempt of Court if he publishes anything which might be only a preformed opinion about the issue which will hamper the purpose of ‘fair trial’ whether the proceeding is a criminal or civil proceeding.
If the media house publishes any prejudicial matter concerning the character of accused, publication of confessions, publications which comment or reflect upon the merits of the case, photographs, police activities, imputation of innocence, creating an atmosphere of prejudice, criticism of witnesses, the Indian criminal justice system, it is said that media has exceeded its rights.
In the case of Zahira Habibullah Sheikh v. State of Gujarat, the Supreme Court explained that a “fair trial would mean a trial before an impartial Judge, a fair prosecutor and atmosphere of judicial calm. Fair trial means a trial in which bias or prejudice for or against the accused, the witnesses, or the cause which is being tried is eliminated.”
Right to a fair trial is right of every person residing within the territory of India under Articles 14 and 20, 21 and 22 of the Constitution. With respect to Article 19(2), this right can be limited by law only in the “interests of the sovereignty and integrity of India, the security of the State, friendly relations with Foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.
MEDIA TRIAL AND THE RIGHT TO BE REPRESENTED
In many cases if a person is accused through media trials the lawyers prefer not to take up the cases of accused. This infringes the rights of defendant to be represented by a lawyer of his choice before the Court. This is how media trial goes against the principles of natural justice. When renowned lawyer Ram Jethmalani decided to defend Manu Sharma, a prime accused in the case of Jessica Lal murder case, he faced many societal objections. In the other case where Kamini Jaiswal, who represented SAR Geelani, a Delhi University professor who was accused of the Parliament attack 2001, was called “an anti- national”. In the similarly manner Prashant Bhushan who was the counsel for Yakub Menon was also opposed by the public at large.
Due to public reaction, opinions and outrage, the lawyer’s security comes in danger due to which they are unable to fulfill their ethical duty to provide legal aid in criminal matters. Therefore, it can be easily said that media trial affects the principle of natural justice.
IS MEDIA TRIAL A CONTEMPT OF COURT?
The media trial falls within the ambit of the contempt of court and needs to be punished. The right to a fair trial should not be influenced and affected by any sort of publications whether in news headlines, in the newspaper or aired on the radio. But it happens mostly that the leading and popular news channels decide to go against the ethical code. Under such circumstances the career of the accused is destroyed even before his guilt is proven in the court of law. The news channels portray the accused as an evil person during the prime time when all the viewers are generally geared in front of their television. It is therefore very important to note that the idea of democracy is fair play and to display everything without any ambiguity otherwise the essence of democracy is put at stake. So, if any attempt is made to sabotage any pillars of democracy, by one it must be held as contempt.
In Y.V. Hanumantha Rao v. K.R. Pattabhiram and Anr., it was observed that “…When litigation is pending before a Court, no one shall comment on it in such a way there is a real and substantial danger of prejudice to the trial of the action, as for instance by influence on the Judge, the witnesses or by prejudicing mankind in general against a party to the cause. Even if the person making the comment honestly believes it to be true, still it is a contempt of Court if he prejudices the truth before it is ascertained in the proceedings.”
In Sushil Sharma v. The State (Delhi Administration) and Ors. it was held by the Delhi High Court that “Conviction, if any, would be based not on media’s report but what facts are placed on record. Judge dealing with the case is supposed to be neutral. Now if what petitioner contends regarding denial of fair trial because of these news items is accepted it would cause aspiration on the Judge being not neutral. Press report or no reports, the charge to be framed has to be based on the basis of the material available on record... The Trial Court has rightly observed that after the charge sheet has been filed, if the Press revealed the contents of the charge sheet it by itself by no stretch of imagination amounts to interference in the administration of justice.”
IMMUNITY UNDER THE CONTEMPT OF COURT ACT, 1971
The Contempt of Courts Act, 1971, provides immunity to the publications under free trials against contempt proceedings. But if any publication interferes, obstructs or tends to obstruct any proceeding of justice whether it is civil or criminal, constitutes the contempt of court. The contempt of court is so termed because some of the acts which are published before the verdict given by the court may mislead the public and hamper the rights of the accused to get a fair trial. Any such kind of publications may be based on his previous convictions or the confession he forcefully made in front of the police or merely character assassination of the accused.
In the case of Aarushi Talwar’s Murder, 2013, the media had professed who was guilty and who was not even before the actual trial had begun. As the general public got to know her own parents were the cause of her death, it led to mass protests and made the public go into hysterics. But the fact can’t be ignored that media press has got immunity even though the media had gone berserk in this case.
CONCLUSION- MEDIA TRIAL: A BOON OR A CURSE
India is blessed with rich tradition of fiercely independent journalism. We are aware of the fact, that most of the big scams are busted by the press, and then followed up by the law enforcers. The heftily paid journalist is credited for extracting that information which looked inaccessible for the top vigilance teams of the country but that is how Sushant Singh Rajput’s case hit the headlines. That is how we found out Rhea Chakraborty was engaged in drug trafficking.
The media has even helped the public in prejudicing our political juncture as well. Now we know that the Courts come under the media’s microscope, it is most likely that they will remain there forever. A positive impact that spurred out by the media is that now more Indians are aware of their constitutional rights than ever before.
The media strongly feels bitter about this sub judice rule and complain that Courts during the course of a hearing tend to interpret the sub judice rule. However, there is an urgent need to liberalize the sub judice rule, applying it only in important cases that will likely influence the trial and not to any act that might have the remote possibility of influencing it. Another main constraint on stings and trials by media is the public interest. If public interest is missing and either self or manipulative interests surface, the media loses its ground and invites the rage of the court.
Marriages in India were at first governed, only by various religious laws, based on what religion the couple practiced. But in 1954 Indian parliament enacted the Special Marriage Act which enables persons of different religious persuasions to enter into a valid marriage. The act applies not only to inter-religion but inter-caste marriages as well, help of this Act can also be taken by Indian nationals in foreign countries. Once a couple is married under this Act, or their previously solemnised marriage is registered under this Act, the marriage is governed not by the couple’s personal religious laws but by the laws mentioned in the Special Marriage Act 1954 itself.
The procedure of court marriages in India is governed by this very, previously mentioned, Special Marriage Act of 1954. Specified below is the procedure that needs to be followed for court marriages in India.
Step 1: The first step for a court marriage is to check if you are eligible for the same. One will be considered a candidate for marriage if all the following conditions are met-
Neither party has a living spouse at the time of applying for court marriage.
Both the parties to marriage are capable of giving valid consent to the same. They should both have soundness of mind i.e. when neither of the parties suffer any mental disorder to such an extent that it makes them unfit for marriage, or suffer from recurrent attacks of insanity.
The groom has completed the age of 21 years and the bride has completed the age of 18 years.
Both parties are fit for procreation of children.
The parties do not fall within the degrees of prohibited relations. Nevertheless, if the customs and traditions of either of the parties permit such a marriage which falls within the degrees of prohibited relations, then such a marriage shall be valid. A list of relations that fall within the degrees of prohibited relations is given in the First Schedule of Special Marriage Act, 1954.
Step 2: The second step will be, to then file a ‘Notice of Intended Marriage’. This notice is to be filed in the way specified in Second Schedule of the Special Marriage Act 1954. The notice must include specifications and proof from both the parties of their marital status, occupation, age, dwelling place, permanent dwelling place if present dwelling place is not permanent and length of residence.
The notice is to be filed to the Marriage Officer of the district in which at least one of the parties to the marriage has resided, for a period of not less than thirty days prior to the date on which such notice is given.
The Marriage Officer is to enter such notices in records of the Marriage Office and these records must be kept open for inspection (without fee) to those who wish of inspecting the same. A copy of the notice must also be published/put up in the office.
In cases where neither of the parties is permanently residing in the district of the Marriage Officer to whom the notice was sent, then the same Marriage Officer must forward this notice to the Marriage Officer in whose district such party permanently resides.
Step 3: The compulsory waiting period for a court marriage after the publication of notice is thirty days. This is because once the given notice is put up in the Marriage Office, any person can within thirty days of the notice being put up, object to the marriage. But such an objection can be made only if, the points of eligibility mentioned in step one are being contravened by the parties intending to marry.
If the above mentioned objection is made, then the Marriage Officer must inquire into the same and arrive at a decision within thirty days of such objection being made. The intended marriage cannot be solemnised until the Marriage Officer reaches a decision on the same.
If the Marriage Officer upholds the objection and solemnisation of marriage is refused, then either of the parties to the intended marriage can file an appeal to the district Court that has jurisdiction in the area where the Marriage Office is situated. Such an appeal must be filed within a period of thirty days from the day on which refusal was made. If an appeal is made then the decision of the district Court will be final and binding, the Marriage Officer has no choice but to act in accordance with the same.
Step 4: Once the thirty days compulsory waiting period is over and no objection has been made, or even if an objection was made and the decision on the same has been made in favour of the parties intending to marry, then solemnisation of the intended marriage is permitted.
Step 5: The couple intending to marry must have, on the day of the marriage, three people with them who will act as their marriage witnesses. Before the marriage is solemnised on the set day, the couple along with their three witnesses have to sign a declaration in the presence of the Marriage Officer, who will then countersign it. The solemnisation of marriage does not have to necessarily be in the Marriage Officer’s office. It can be (with the consent of the Marriage Officer) held at any other place that the parties desire, provided that such desired place is within a reasonable distance from the office.
The marriage can be performed in any such form as the parties choose, but the marriage will not be complete and binding unless each party say to the other (in any language of their choice) “I____, take ____, to be my lawful Wife/Husband.” Uttering of this sentence should take place in the presence of the Marriage Officer and the three witnesses.
Step 6: Once the marriage is solemnised, the Marriage Officer will enter a certificate of the marriage that took place in the Marriage Certificate Book. This marriage certificate is to be signed by the married couple, their three witnesses as well as the Marriage Officer. This marriage certificate is conclusive evidence of a court marriage in India.
If the proposed marriage is not solemnised within a period of three calendar months from the date on which the marriage notice was given, the marriage proceedings will be taken as having lapsed. If the same parties still want to marry a fresh notice will have to be sent. In cases where solemnisation of marriage was prevented by the Marriage Officer, resulting in an appeal filed by the parties intending to marry and the decision of such an appeal being given in favour of the parties by the district court, then this period of three months will be calculated from the date on which such decision was pronounced.
Some other important points regarding court marriages in India based on the general doubts of the parties intending to marry, are listed below;
The total number of marriage forms that need to be filled by the parties intending to marry are two. The first one is that which is sent as notice for the intended marriage. The second one is the declaration that needs to be signed before the solemnisation of marriage takes place.
The total time that a court marriage can take will have to be looked at from two perspectives. In one instance the Court marriage can be solemnised right after the compulsory waiting period of thirty days is over, in cases where no objections are made. The other instance is that in which an objection has been made. In these kind of cases the Marriage procedure can take up to sixty days.
As long as the eligibility criteria (as mentioned in Step 1) are fulfilled by the couple intending to marry, no permission is required by their family or relatives to enter a marriage under Special Marriage Act 1954.
The Court Marriage fee in India differs from state to state, but in any case the fee charged is not a very high but rather quite basic.
List of documents required for Court Marriages in India
Mentioned below are the documents that are required by the bride and groom;
Age proof of both parties( birth certificate/ matriculation certificate/ passport)
Residential proof of both parties (passport/ voter id/ electricity or landline telephone bill in the parties name/ ration card
Receipt of payment of fees for application form and other marriage fees.
If applying not from place of permanent residence but from a place in which one of the parties has been residing for more than a month, in such cases residential proof of the same is required (Ration card/ report from Station House Officer).
Affidavits from both parties regarding date of birth, present marital status (unmarried/divorced/widower).
Confirmation on the parties not falling within degrees of prohibited relation of each other.
Two passport sized photographs each of both parties
In case of divorcees, Divorce Decree Certificate
In case of widow and widower, Municipal Death Certificate of the deceased
All the above mentioned documents must have one original and one attested Xerox copy. The applicants should also keep scanned copies of the same, in case of online procedure.
The list of documents to be carried by the marriage parties witnesses are;
Passport (if any)
Driving License (if any)
Prospective amendments to the Special Marriage Act, 1954
A couple of novel case laws have, in a way, set the ball rolling for alterations in the Special Marriage Act of 1954 (SMA), the first one of these cases is Nandini Parveen v. Union of India. In the said case, a writ petition filed by a law student from Kerala is pending before the Supreme Court. Nandini’s case argues that publication of a marriage notice, which contains the couple’s personal information, as required by Section 6 (2) of SMA, is in violation of the right to privacy and therefore unconstitutional. On 24th August 2017, the Supreme Court reached a landmark judgement in Justice K. S. Puttaswamy (Retd.) and Anr. v. Union of India and Ors., where it declared that in India the right to privacy is a fundamental right.
Chief Justice Bobde expressed certain reservations about the plea, saying that publication was important because what if someone runs away with someone’s wife or daughter. But Nandini’s lawyer argued that the question raised is not about inquiries being made by the Marriage Officer but the publication of the notice in the public domain. He also said that main purpose of this Act was to make marriages of people belonging to different religions or castes possible, but with this provision in the Act that compulsorily puts out personal details of a couple in the public domain, crimes such as honour killings are made possible. The petition also pointed out that publication of the couple’s personal details served no legitimate State interest. After hearing all these arguments the court issued a notice to the central government, seeking its response on the same and therefore this case might make alterations in the Special Marriage Act, 1954 possible in the near future.
The second case that might possibly lead to another change in Special Marriage Act is Independent Thought v. Union of India. Issue raised before the apex court in this case was to decide the legality and constitutionality of Exception 2 to Section 375 of the Indian Penal Code (IPC). This exception said that ‘sexual intercourse or sexual acts by a man with his wife, the wife not being under fifteen years of age, is not rape’. The judgement in this case said that Exception 2 to Section 375 IPC as far as it relates to a girl child below the age of 18 years is liable to be struck down, as it is arbitrary, capricious, whimsical and violative of rights of a girl child and not fair, just and reasonable and therefore violative of Article 14,15 and 21 of the Indian Constitution.
The judgement in this case is said to have triggered government’s move to revise the legal age of marriage for women, so as to improve maternal and infant mortality rate. Increase in the legal marriage age for women will also lead population control as the reproductive years will automatically come down. A need for parity in the legal marriage age of men and women is being felt, and the same was also confirmed by Prime Minister Narendra Modi in his Independence Day speech. He added that “a committee has been formed to ensure that the daughters are no longer suffering from malnutrition and are married off at the right age, and as soon as the report is submitted appropriate decisions will be taken about the age of marriage of daughters”.
Based on the above mentioned information it can be rightly said that once the age of marriage for females in India is decided afresh, it will also lead to amendment in Section 4 clause C of the Special Marriage Act, 1954.
Thursday, 1 October 2020
In India, a marriage between two individuals or persons belonging to different religions, nationality, caste or creed, are governed by the Special Marriage Act, 1954. Court Marriages enables the parties to make an application to the Marriage registrar for the solemnization, registration and grant of marriage certificate, thereby doing away with the customs and rituals of a traditional marriage.
Valid conditions for Court Marriage
Some of the essentials to constitute a valid court marriage under the act:
Both parties should not have a subsisting marriage at the time of Court Marriage.The bridegroom should have completed twenty-one (21) years of age and bride should have completed eighteen (18) years of age.The parties to the marriage must be mentally fit, not suffering from any persistent bouts of insanity.The consent to the marriage should free and valid and not obtained under any coercion or undue influence.The parties should not come within the degree of prohibited relationship.
Procedure for Court Marriage , where both the parties to the marriage are Hindus
The notice of an intended marriage has to be filed by one of the parties to the marriage with the Marriage Registrar within the area of residence of the party making such application. Provided that the party must have resided in that area for not less than 30 days immediately prior to the date on which such notice is applied for.Publication of the notice for calling out any objections from the general public by the Marriage Registrar.After the lapse of 30 days of the time period post the publication of the notice, and if no objection comes up within this period. The marriage would be performed as according to the provisions laid down under the act.The solemnization of the marriage should take place at the stated Marriage Office.On the date of the court marriage, the presence of both the parties along with three credible witnesses is required.
Documentation required for registering a Court Marriage
The Complete application form with the appropriate fee,Passport Size Photographs of both parties,Documentary proof of residence, an age proof, a pan card copy of both parties.Details of three witnesses, including a copy of their pan cards.A certified copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower
Solemnization of marriage between parties belonging to different religions:
The Hindu Marriage Act, 1955 pertains to marriage performed between two Hindus or persons who have converted to Hinduism. Marriages between parties belonging to different religions other than Hindus, Buddhists, Jains or Sikhs are performed under the Special Marriage Act, 1954.
The Complete application form signed by both parties.Age proof and residence proof of both parties.Two passport size photographs of both the partiesA certified copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower,
Procedure for Registration:
The notice of intended marriage has to be filed by one of the parties to the marriage with the Marriage Registrar within the area of residence of the party making such application. Provided that the party must have resided in that area for not less than 30 days immediately prior to the date on which such notice is applied for.Publication of the notice for calling out any objections from the general public by the Marriage Registrar.After the lapse of 30 day timeperiod post the publication of the notice, and if no objection comes up within this period. The marriage would be performed as according to the provisions laid down under the act.The solemnization of the marriage should take place at the stated Marriage Office.On the date of the court marriage, the presence of both the parties along with three credible witnesses is required.
Performance of a Court marriage between an Indian National and a Foreign NationalUnder the provisions of the Special Marriage Act, a marriage can be performed between an Indian and a foreign citizen before a Marriage Registrar in India or a Marriage Office in a foreign country.
The Act prescribes the following conditions to be complied with for registration of a marriage between an Indian and a Foreign Citizen-
One of the parties to the marriage must be an Indian citizen.The bridegroom should have completed the age of 21 years of age; and the bride 18 years at the time of marriage.No party should have a previous subsisting marriage at the time of marriage, and no living spouse as a consequence of such subsisting marriage,No party suffers from any mental illness or insanity,The parties are not within degree of prohibited relationship
The complete application form signed by both parties,Documentary evidence of age proof, residential proof,Passport copy with a valid visa at the time of the marriage,Evidence pertaining to place of residence in India by one of the parties for more than 30 days,No objection certificate or Marital Status certificate from the concerned embassy or Consulate in India by a foreigner partner.A certified copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower,
Registration Procedure :
A prior application in writing is submitted with the Marriage Registrar, where either party to the marriage has been residing for a period of 30 days or more,Verification of documents by the Office of Marriage Registrar.The law of another country shall not be in conflict with Indian laws.The notice is then published inviting objection to the marriage, if any.If no objection is made, then, on the expiry of the notice publishing period, the marriage may be solemnized.The marriage shall be solemnized in the presence of at least three witnesses.After the marriage has been performed and registered in the register, the marriage registrar issues the marriage certificate to the parties concerned.
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