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Parshant Garg (others)     09 November 2022

Court marriage- 2 witness can't come on marriage date for some medical emergency

Hi 

I am from Bangalore(Karnataka). We both are Hindus. I have applied for court marriage and the notice part has been completed. Now for some medical emergency in the family of my witnesses(2 witnesses), they can't come on the marriage date. Only my one witness can come, what are the laws around it? Can I go with new witnesses on the date of marriage? Thank you



Learning

 7 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     09 November 2022

Inform to the marriage registrar about the abscentees of witnesses. Follow according to his instructions.

kavksatyanarayana (subregistrar/supdt.(retired))     09 November 2022

Yes.  Any 3 majors who are known to you may sign as witnesses.

Dr J C Vashista (Advocate)     10 November 2022

Whether the subject Court marriage under the provisions of Section 5 & 6 of Special Marriage Act, 1954 as notice for intending marriage ??

or

Registration of marriage under the provisions of Section 8 of the Hindu Marriage Act, 1955 ???

Parshant Garg (others)     10 November 2022

Under Special act marriage 1954. 

1 Like

Alpa Jogi (Advocate) (Lawyer / Advocate)     17 November 2022

You can take another witness with you as at the time of submitting the notice for intent of marriage, details of witness are not to be submitted.

 

Regards

Alpa Jogi (Advocate)

Family Law Advocate

Shahzad Danish   16 December 2022

Originally posted by : Parshant Garg

Under Special act marriage 1954. 
Yes you are right.
Online Court Marriage

 

Dr J C Vashista (Advocate)     17 December 2022

As the name suggests, Special Marriage Act is a ‘Special’ legislation in India, which enable a special form of marriage for couples following different religions, or desiring a civil form of marriage.

The Act allows solemnization and registration of marriages which couldn’t be solemnized under the various religious customs. For example,  two Indian citizens having different religions can get married under this Act.

An  Indian  citizen and his/ her foreign national partner can also get married under the Act. Even two  foreign  nationals can get their marriage solemnized and registered under the said Act as observed by the Delhi High Court in a recent judgment in the case of Bhumika Mohan Jaisinghani and Anr. v/s Registrar of Marriage and Ors.

Accordingly provisions of Special Marriage Act, 1954 cannot be invoked for solemnization and registration of marriage by a Hindu couple.


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