Why marriage certificate is required?
“What is marriage certificate”, this is a question that is asked by most people, and especially those, who intend to marry and are seeking information. As a matter of fact, it has become important for every couple who are interested to marry each other to go for a marriage certificate these days. The marriage certificate is termed to be adequate proof in regards to the couple being legally married. The requirement for marriage certificate does arise if there a situation arises, where the individual needs to prove that he is legally married to a person and the purpose could be to obtain passport, to change the maiden name, etc.
Understanding the legal framework
In this country, marriage could be registered under two marriage acts, namely Hindu Marriage Act of 1955 and Special Marriage Act of 1954. In order to be eligible to get married, males are required to be at least 21 years of age while female is required to be 18. The parties to Hindu marriage need to be divorced or unmarried, or in case, previously married, spouse of that marriage needs to be dead. Besides this, the parties need to be mentally and physically healthy. They should not be in any way prohibited by the Indian constitution.
Only Hindus are applied with the Hindu Marriage Act whereas Special Marriage Act gets application to every Indian citizen. Hindu Marriage Act offers registration of already solemnized marriage. However, it does not offer solemnization of marriage by Registrar. Solemnization of the marriage including the registration conducted by a qualified Marriage Officer is provided by Special Marriage Act.
How to apply for Marriage Certificate?
The Marriage Certificate is a very important document that is required by every Indian couple, irrespective of their religion.
• Under Hindu Marriage Act: The couple is required to apply properly to the Registrar, under whose jurisdiction, marriage has been solemnized or to that Registrar under whose jurisdiction both the parties to marriage are residing for a minimum of six months, preceding immediately the marriage date.
• Under Special Marriage Act: The couple intending to marry is to provide a proper notice to a Marriage Officer, under whose jurisdiction, one among the couple has been residing for around 30 days or so, before the notice date. It needs to be affixed at a conspicuous place in the office of the Registrar. In case, either party has been residing in the region of another Marriage Officer, then it becomes essential to send a notice copy to him for publication. Marriage might be solemnized only after one month expiry from the notice’s publication date and if objections are not received. But, if there are objections, then it becomes essential for the Marriage Officer to do proper enquiry into it and then take an appropriate decision to permit the marriage or not to. Registration is carried out after solemnization. One can register any marriage that already had taken place long ago under Special Marriage Act. But there is a need to provide clear 30 days public notice and it is subject to conditions.
Advocateinchandigarh have huge experience of dealing with of such cases. Advocateinchandigarh helping the couple to perform the court marriage and precure the marriage certificate from the registrar in the same day.
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