Skip to main content

Court Marriage in India, By Adv Anupam Kumar Mishra,

 Introduction

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.

Documentation Required:

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.

Eligibility Criterion:

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

Documentation Required:

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.

LEXIS AND COMPANY, by Dr Anupam Kumar Mishra (Founder)


DISCLAIMER: THIS VIDEO IS JUST FOR EDUCATIONAL PURPOSE AND DOES NOT INTEND TO ADVERTISE OR PROMOTE ANY TYPE OF LEGAL OR PROFESSIONAL SERVICES.

PLEASE FEEL FREE TO CONTACT US AT OUR 24 HOURS NATIONAL HELPLINE NUMBER +91-9830333388 FOR ANY TYPES OF FREE LEGAL ADVICE.


CLICK ON THE LINK BELOW TO SUPPORT US OR TO BOOK A FACE TO FACE OR VIDEO CONSULTATION.

https://rzp.io/l/lexisandcompany


We are India’s Leading Law Firm

“The firm has always strived to create and implement innovative and effective methods of providing cost-effective, quality representation and services for our clients and will continue to meet and exceed the expectations of our valued clients.”


–     DR ANUPAM KUMAR MISHRA (ADVOCATE, FOUNDER-LEXIS AND COMPANY)

WEBSITE: http://www.dranupamkumarmishra.com


LEXIS AND COMPANY is a full-service law firm, with a PAN India presence, providing innovative legal solutions to its domestic as well as international clients. The firm offers a large portfolio of legal services. We are headquartered at New Delhi with branch offices in Mumbai and Lucknow and network offices at Bangalore, Hyderabad, Pune, Chennai, Kolkata and Goa.


The stimulating work environment brings together the best legal brains at LEXIS AND COMPANY to take care of the legal needs of our clients. The 20-lawyer strong team comprises of experienced, dynamic, enterprising and innovative legal experts having outstanding academic and professional records.


Under the able guidance of five partners who are leading experts in various areas of law, highest standards of services are maintained and seamlessly delivered to clients.


We strongly believe that a trusted relationship is built on the foundation of shared values and deep understanding of our clients’ needs. Thus, we blend professional expertise with the business objectives of our clients and develop a strong grasp of their businesses before coming up with bespoke solutions.


Our clients view LEXIS AND COMPANY as their “partners in growth” as we ensure that they retain their competitive edge in their respective business areas by concentrating on their core competencies, while we take care of their legal issues.


LEXIS AND COMPANY has expertise and experience across various sectors such as intellectual property rights, pharmaceuticals and healthcare, start-ups, e-Commerce, banking and finance, taxation, infrastructure and real estate, technology, media and telecommunication, corporate and commercial law, family law, and immigration services.


Our Core Values:

We lay strong emphasis on and imbibe in our team and at our work place.

The Values of Honesty and Integrity

Dedication

Transparency in Communication

Diligence and Accountability for Our Services


Our Strength:

We at LEXIS AND COMPANY derive our strength through:

PAN India Presence

Partners with extensive experience

Cost Effective & Personalized Services

Quick Turnaround Time

Effective Communication

Handling Complex Transactions

Excellent Infrastructure

Wide Spectrum of Clients

Represent Fortune 500 Companies

Represent Big Corporates & Prominent Individuals at various Courts in India


DISCLAIMER: THIS VIDEO IS JUST FOR EDUCATIONAL PURPOSE AND DOES NOT INTEND TO ADVERTISE OR PROMOTE ANY TYPE OF LEGAL OR PROFESSIONAL SERVICES.

PLEASE FEEL FREE TO CONTACT US AT OUR 24 HOURS NATIONAL HELPLINE NUMBER +91-9830333388 FOR ANY TYPES OF FREE LEGAL ADVICE.


CLICK ON THE LINK BELOW TO SUPPORT US OR TO BOOK A FACE TO FACE OR VIDEO CONSULTATION.

https://rzp.io/l/lexisandcompany


Labels:

Comments

Post a Comment

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B
Post a Comment
Read more

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske
1 comment
Read more

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree
Post a Comment
Read more