Court Marriages

Lawyer

I would be greatful if anyone please give me information on procedure for court marriages under Hindu Marriage Act.

What is registration of marriage, is registration compulsary and is registration and court marriage same or there lies any diffrence between two?

Thanks in advance.

 
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Advocate

If you are in Maharashtra there is Maharashtra Marriage Act, under which a marriage solmenized as per hindu rites can be registered by submitting a memorandum signed by the parties to the marriage and witnesses and also by the priest. Registration is compulsory. Court marriages are done by giving one months notice and there are no religious rites performed, no religious hassels such as change of religion etc are required, this comes under the Central Marriage Act.There is a huge difference between both the forms of registration if religion has importance.

 
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HINDU MARRIAGE ACT.

SEC.7. Ceremonies for a Hindu marriage.

(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.

(2) Where such rites and ceremonies include the saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.

SEC.8. Registration of Hindu marriages.

(1) For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any of such marriage may have the particulars relating to their marriage entered in such manner and subject to such conditions as may be prescribed in a Hindu Marriage Register kept for the purpose.

(2) Notwithstanding any thing contained in sub-section (1), the State Government may, if it is of opinion that it is necessary or expedient so to do, provide that the entering of the particulars referred to in sub-section (1) shall be compulsory in the State or in any part thereof, whether in all cases or in such cases as may be specified, and where any such direction has been issued, any person contravening any rule made in this behalf shall be punishable with fine which may extend to twenty-five rupees.

(3) All rules made under this section shall be laid before the State Legislature, as soon as may be, after they are made.

(4) The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be admissible as evidence of the statements therein contained and certified extracts therefrom shall, on application, be given by the Registrar on payment to him of the prescribed fee.

(5) Notwithstanding anything contained In this section, the validity of any Hindu marriage shall in no way be affected by the omission to Make the entry,

 
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'What is registration of marriage,'

a marriage may be registered under (1) the hindu marriage act - at per the discreation of the parties - but no compulsion; (2) special marriage act - it performs either in a marriage registration office; or at court ; here registration compulsary.

'is registration and court marriage same or there lies any diffrence between two?'

- not exactly same; a little diffrence in technicality is there; court marriage is more powerful; anyhow effect on the marriage is same.

 
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Lawyer

Thank you all for your valuable suggesstions.

What i can infer from ths is registration is not compulssary under H.MA

Is court marriage is itself sufficient to prove that the couples are married or require registration for the same?

How a court marriage is performed. What are the condition precedent for this?

Regards

 
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yes, though registration is not compulsary under HMA, but it is suggested, because passport and other govt matter, it gives an extra weightage.

court marriage and marriage registration both are valid in the eyes of law.

for court marriage, go to your distt court. court marriage held under the special marriage act. you may download a copy of the special marriage act from the supreme court website.

if you do not get then i shall send it by email.


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