MARRIAGE

In India Marriage is governed by the personal laws of parties. However, the Inter religion marriage is governed under the special marriage act, 1954. Solemnizing marriage and registration of Marriage are two different things. People often confused that after registration of marriage, it must be solemnized before the court. If the parties comply with requirement of marriage under their personal law, their marriage will be valid whether it is registered or not.

HINDU MARRIAGE

If both the parties (male & female) are Hindu by religion, their marriage shall be governed by the Hindu Marriage Act,1955. As per section 5 of the HMA,1955 for a valid Hindu marriage following essential must be filled-

1. Neither party has a spouse living at the time of marriage

( It means either both parties must be unmarried or if anyone was married, at the time of second marriage, he/she must be divorced from his/her first wife/husband or he/she must not be living).

1. Male must be of 21years and Female must be of 18 years
2. Both shall be sound mind, giving free consent.
3. Both shall not be come under prohibited degree of relationship
4. Both shall not be come under Sapinda relation

Note: The parties are said to be within the degree of prohibited relationships:

If one is a lineal ascendant of the other orIf one was the wife or husband of a lineal ascendant or descendant of the other or if one was the wife of the brother or the father’s or mother’s brother or of the grandfather’s or grandmother’s brother of the other or Ifthe two are brother and sister or uncle and niece or aunt and nephew or children of brother and sister or of two brothers’ or two sisters’

The parties are said to be in Sapinda relationship if one falls upto third generation in the line of ascent through the mother or fifth generation in the line of ascent through father or if one is lineal ascendant of other within the limit of sapinda relationship or if they have a common lineal ascendant who is within the limits of sapinda relationship

Further as per section 7 of the HMA Saptapadi must be performed

MUSLIM MARRIAGE

Nikah:- The Arabic word Nikah (Marriage) literally means the union of the sexes and in law this term means ‘marriage. Marriage among Mohammedan is not a sacrament, but purely a civil contract.

The prophet said “Men marry women for their piety, or their property, or their beauty, but you should marry for piety (Tarmizi).

Muslim marriage is purely civil contract and thus a valid contract is necessary for Muslim marriage. Muslim marriage Contract may be oral or written.In a Muslim marriage, there must be proposal from one party and acceptancefrom the other. Proposal is referred to as Ijab and acceptance of the same as qubul. For a Muslim marriage both parties must be Muslims, they must be competent to contract, there must be consideration (mehr) with a lawful object i.e. to legalize sexual relationship of male and female and to procreation of child.It is important to mention here that there must be two witnesses to the contract (solemnization of marriage).

Competency of parties to the Muslim marriage includes age, soundness of mind. For a valid contract, parties must be major i.e. as of age of 18 years however for the purpose of Muslim marriage, the age when a person reaches puberty is considered as age of marriage and as per the various authority a muslim is considered to have attained the age of puberty at 15 years.After attaining the age of 15 years, parties can give their own consent.Further it is important if a person is a minor i.e. not attained the age of puberty, the consent of the guardian is required to make marriage lawful.

REGISTRATION OF MARRIAGE

In India marriage can be registered at Registrar of marriage i.e.  Sub Divisional Magistrate of the territory within whose jurisdiction either the marriage has been solemnized or either of the parties resides.

Marriage can be registered either under The Hindu Marriage Act, 1955 or The Special Marriage Act,1954.Marriage of Hindu couple shall be registered under HMA and other under SMA.

For registration of marriage following documents are required:

1. Application form
2. Passport size photograph
3. Proof of marriage –Postcard size joint photograph at the time of garlanding, certificate from priest, Pandit, Maulavi, Gurudwara prabandhak etc of marriage solemnization at religious place
4. Identity Proof of groom- Aadhar card, Pan Card, ration card with photo, Voter Id, Passport, Driving License, any government recognized document (Any one is mandatory)
5. Residence proof of groom – Aadhar card, Pan Card, ration card with photo, Voter Id, Passport, Driving License, electricity bill, gas Bill, Rent agreement, any government recognized document
6. Residence proof of bride- Aadhar card, Pan Card, ration card with photo, Voter Id, Passport, Driving License, electricity bill, gas Bill, Rent agreement, any government recognized document
7. Date of birth proof of parties- Aadhar card, verified DOB, passport, nursing home/hospital report, DL, SSC from recognized board by GOI/CMO/doctor report, certificate from school signed by principal on birth certificate/school letter head
8. Two witnesses with aadhard card and Pan card
9. Affidavit- For their marital status, free consent and disclosureof true fact before registrar.
10. Divorce decree/order(only if divorced)
11. Death certificate of spouse(widower/widow)
12. Certificate from concern Embassy regarding his/her present marital status and nationality( if spouse is having foreign nationality)