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Wedding » Matrimonial-laws » Matrimonial-laws-070918
 
Marriage Laws

Siddhartha Shah Siddhartha Shah
A practicing advocate of Mumbai High Court. He specialises in Civil, Criminal, International and Matrimonial Laws. He opines on Indian Laws and the Legal System.

Marriage certificate

Jerry Mathew asks,
I got married in July 2006 in a church, and since I was to leave the country in three weeks after our marriage, I was issued a marriage deed from my panchayat office. I would like to know if the marriage deed holds good as a marriage certificate? If not, what would the procedures be for me to obtain a marriage certificate as I am expected to travel to India by the end of the year. Kindly also state how long would it take to obtain the certificate?
Dear Jerry Mathew,

You will have to get your marriage registered at the offices of Registrar of Marriages situated in the jurisdiction where your marriage has taken place or where you reside with your wife. Now unless and until the said document is verified, one cannot check the legality and authenticity of the same. Anyways, since you have mentioned that you are married in a church, you will have to follow a certain procedure. You will have to personally visit the offices of Registrar of Marriages along with your wife for fulfilling legal compliances as required by the offices of Marriage registrar.

You will have to fill up the prescribed form with details like your name, age, marital status, place of residence etc., and attach the certificate signed and issued by the priest of the church in which your marriage took place, confirming your valid marriage as per your personal law. The same shall be registered in presence of three witnesses before the Officer at the Registrar of Marriages, duly complying the said legalities and formalities. You will have to submit proofs as regard you and your spouse's age and residence. The three witnesses present will have to produce their proof as regard their age and residence. You may consult an expert Matrimonial lawyer for your further compliances. Hope this suffices your query in brief.

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Court marriage

Rahul Singla asks,
I want to marry through court marriage, I have some queries can you help me in finding answers to the below:
  • What should be the content of advertisements that I have to place in leading national dailies, is there any format?
  • What is the procedure for the registration of marriage?
  • I am from Gurgaon and girl is from Chandigarh, where do we have to register the marriage?
  • Our parents are part of marriage but is it required that witnesses should be non-relatives?
  • How much time does it takes for the final marrying date from the date of application?
  • Actually I have to fly after 5 months, can this all be completed in this time?
Dear Rahul Singla,

You can definitely get married to your proposed spouse by way of a registered marriage for which you and your proposed spouse will have to complete some legal formalities.

A Notice of marriage is to be given by both the parties to the marriage officer of the district where one of the parties has resided for a period of not less than 30 days immediately preceding the date on which such notice is given. In the notice, the names, the status (unmarried, widow/widower or divorcee), ages and dwelling place of both the parties are to be stated. The length of residence and the permanent dwelling (if the present dwelling place is not a permanent residence) are also to be stated.

The offices of marriage officer shall publish the said Notice by affixing a copy thereof to some conspicuous place in his office and after the expiration of thirty days from the date on which the notice of an intended marriage has been published, no objections have been received concerning the said intended marriage, the marriage officer shall solemnize the said marriage.

Solemnization of marriage - Before a marriage can actually be solemnized, both the parties and three witnesses are required to file a declaration form issued by the marriage officer. The declaration to be signed and issued by the bride and the bridegroom should contain the status of the bride (or bridegroom as the case may be) at the time of marriage i.e. whether he or she is unmarried, divorcee or widow/widower, the age, and a statement that he or she is not related to the other within the degrees of prohibited relationship.

Both of you need to get:
  1. Passport or any document showing your nationality and proof of residence.
  2. Any document showing your proof of birth and age, viz birth certificate or school leaving certificate.
  3. A declaratory affidavit duly notarised stating your current matrimonial status and also providing more information with regards your domicile, age, and the place of your permanent residence.
  4. A single document showing the residential proof and status of each witness i.e. passport or ration card or any other property document.

Now you may complete the said procedure at the office of marriage registrar at the jurisdiction of the place where you or your proposed spouse is residing. Hope this should suffice your query in brief.

Mutual divorce

Kartik asks,
What is the procedure for getting divorce by mutual consent? I have been married for over 18 months. My wife left me for good before 6 months. We have no children. And my wife wants a divorce and I thought to wait for a while if things can improve. Now I feel that waiting from past 6 months seems sufficient time for us to decide and head towards divorce.
Dear Kartik,

As per your query and limited facts narrated by you, you have not mentioned under which personal law you have got married. Generally the preliminary ground for divorce by mutual consent is that both the parties are not able to live together and are living separately for more than one year and more. If both of you are living separately for more than one year then you may file your divorce papers in the appropriate family forum in the jurisdiction of place where you got married or at the place of jurisdiction where you or your spouse reside. You need to immediately consult an expert divorce lawyer for your further compliances if necessary. Hope this suffice your query in brief.

US divorce valid in India

Serendipity asks,
I am an Indian citizen married to a Canadian citizen in India. Our marriage was registered per Hindu Marriage Act in India. I currently live and work in the US on a work visa. I have filed for divorce in the US because the marriage was non-consummated and my partner had psychiatric problems. If divorce is approved in the US do I have to file another divorce petition in India to validate this? Is a US divorce valid in India? Please answer.
Dear Serendipity,

Yes you will have to file your papers at Indian forum at the jurisdiction of the place where you got married or at the jurisdiction of the forum where you have your permanent residence in India. As per your query the U.S divorce is not valid in India. There are several issues, reasons and legalities as per the apex court for the legalization of the US divorces in India as per Indian law. The manner, in which the divorce proceedings in the US are initiated and conducted, will also have to be tested and learnt before its appropriate validation in India. You may consult an expert divorce lawyer having cross border practice who may assist you with any further legal compliance if required. Hope this should suffice your query in brief.

Muslim wedding law

Sim asks,
I'm a Hindu Punjabi girl from India and I love a Muslim boy who resides in Saudi Arabia. Well I just want to know about the wedding law of Muslim. He said that he couldn't marry second time till first wife survives. Is it true as we are going to marry soon? Please reply me as soon as possible.
Dear Sim,

As regards your query and the facts, as narrated by you, you have not mentioned as to where and in which country you intend to get married, you have also not clarified as to the manner and process you want to get married. The personal law and the sub caste or sect of the Muslim boy are also unclear and not mentioned.

It is incorrect that he said that he couldn't marry second time till the first wife survives. Since as you have mentioned that you are professing Hindu Punjabi religion then in that case firstly, you will have to adopt the appropriate procedure for lawfully getting married to your proposed spouse who is professing Muslim religion as per Muslim laws in India.

You may consult a lawyer who is specializing in matrimonial laws for your further compliances immediately. Please note that you will have to carefully check the status of your proposed spouse before getting married and if the previous marriage exists than the arrangement will have to be checked and tested. Hope this should suffice your query in brief.

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