1 Religious Marriage Ceremony
2 Civil Marriage Ceremony
1. Religious Marriage Ceremonies in India
In India, a religious marriage ceremony is considered a legal marriage. However registration of marriage is now a legal requirement in most of the states in India. Moreover, for visa and immigration purposes a formal marriage certificate from the Registrar of Marriages is required. There are different rules and regulations for different religions. For example there are Hindu Marriage Act, Muslim Marriage Act, and Christian Marriage Act and for the Parsee there is Parsee Marriage and Divorce Act.
(a) Hindu Marriage Ceremony
The Hindu Marriage Act of 1955 is applicable to Hindus, Jains, Sikhs and Buddhists. A religious marriage which has already been solemnized can be registered under the Hindu Marriage Act, 1955. The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs or where they have converted into any of these religions. The Hindu Marriage Act provides for the conditions of a marriage where under the bridegroom should be the age of 21 years and bride of 18 years, they both should not be within the degree of prohibited relationship.
The documents required for registering a marriage under the Hindu Marriage Act are as follows:
Application form duly signed by both husband and wife
Documentary evidence of date of birth of parties (Matriculation Certificate / Passport / Birth Certificate) Minimum age of both parties is 21 years at the time of registration under the Special Marriage Act
Ration card of husband or wife whose area SDM has been approached for the certificate
Affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality
Two passport size photographs of both the parties and one marriage photograph
Marriage invitation card, if available
If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage
Affirmation that the parties are not related to each other within the prohibited degree of relationship as per Hindu Marriage Act or Special Marriage Act as the case may be
Attested copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower
In case one of the parties belong to other than Hindu, Buddhist, Jain and Sikh religions, a conversion certificate from the priest who solemnized the marriage
All documents excluding receipt should be attested by a Gazetted Officer
Verification of all the documents is carried out on the date of application and a day is fixed and communicated to the parties for registration. On the said day, both parties, along with a Gazetted Officer who attended their marriage, need to be present before the SDM. The marriage certificate under the Hindu Marriage Act is issued on the same day or within a few days.
B. Civil Marriage Ceremonies in IndiaParties who do not wish to marry in a religious ceremony can instead opt for a civil ceremony pursuant to the Indian Special Marriage Act of 1954.
In case a marriage between an Indian and a foreign national is to take place in India, generally its required to file a notice of intended marriage with a Marriage Registrar of your choice in India. That notice is required to be published for the stipulated 30 days. At the end of the 30 days the Marriage Registrar is free to perform the marriage.
The notice of intended marriage can only be given in India, if at least one partner is permanently and the other partner temporarily resident in India.
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 of his/her choice in India and send it to his/her partner in the foreign country who will also have to fill it out. This “Notice” should then be sent back to the partner in India who will have to re-submit it at the Marriage Registration Office. After the stipulated waiting period of 30 days the marriage can take place in India. Under the Special Marriage Act, 1954 a certificate showing the signatures of the persons married, the registrar and the witnesses will be issued. This Certificate is required as proof of the marriage and when applying for a visa to for a foreign country.
The following documents are required for both the partners:
a valid Passport
original Birth Certificate showing parents' names
if the person concerned is widowed, the original death certificate of the deceased spouse
If divorced, copy of the final decree
documentary evidence regarding stay in India of the parties for more than 30 days (ration card or report from the concerned SHO)
The American citizen who wishes to participate in a civil marriage ceremony may be required to present to the marriage officer a “no objection letter” from the U.S. Embassy or Consulate, as well as proof of termination of any previous marriages. Similarly, a citizen of another foreign country may be required to present to the marriage officer a “no objection letter” from the Embassy or Consulate of his country, as well as proof of termination of any previous marriages.
In a nutshell, under the Special Marriage Act, the parties generally are required to wait at least 30 days from the date of initial application to formalize the marriage so that the marriage officer can publish a newspaper ad allowing for the opportunity for any objections to the marriage to be voiced.
Personal Laws of Marriage and Divorce in India
India is a land of many cultures and religions. Each citizen of India is entitled to have his own personal laws in the matter of marriage and divorce.
There are different rules and regulations for different religions. For example there are Hindu Marriage Act, Muslim Marriage Act, and Christian Marriage Act and for the Parsee there is Parsee Marriage and Divorce Act.
In case of the Hindus, Sikhs, Jains and Buddhists, they are governed by the Hindu Marriage Act, 1955, which provides for the conditions of a marriage where under the bridegroom should be the age of 21 years and bride of 18 years, they both should not be within the degree of prohibited relationship.
Divorce under the Hindu Marriage Act 1955 can be obtained on the various grounds.
Muslims also have their own personal law, which states that Nikah or marriage is a contract and may be permanent or temporary and permits a man four wives if he treats all of them equally.
Similarly for the Parsees there is a Parsee Marriage & Divorce Act, 1939, which governs the provisions of their marriage and law.
For Indian Christian there is a Indian Christian Marriage Act 1889.
****
If one of the parties is a citizen of another country like USA, UK or other, the registrar may request a “no objection letter” from the Embassy or Consulate of that country, and also may request proof of termination of any previous marriages, before a marriage certificate will be issued.
For example, if one of the parties is a U.S. citizen, the registrar may request a “no objection letter” from the U.S. Embassy or Consulate, and also may request proof of termination of any previous marriages, before a marriage certificate will be issued.
No comments:
Post a Comment