An Overview Of Matrimonial Laws In India

 

Marriage is considered a sacred union between a man and woman in India. Indian matrimony follows

 the principle of monogamy with loyalty, trust, and support between partners. India being a country of 

various religions follows the marriage laws of various religions. The Supreme Court of India has consistently

 recognized the right to marriage as an inherent part of the fundamental right to life under Article 21 of the Indian

 Constitution. To be lawfully married, prospective bride and groom need to follow certain laws and 

customs. These laws govern the manner of entering into marriage, specify relations which are 

prohibited from marrying each other, lay down the condition to be of a certain age, and other 

such requirements. The laws of marriage in India are diverse and religion-specific. They are also 

referred to as personal laws. Thus, the rules vary with the religion of the parties who wish to get married. Some marriage laws have been modified and enacted by the Parliament, while others continue to exist, as per religious commands.

• The Hindu Marriage Act, 1955

Certain conditions need to be complied with under the Hindu marriage, and court marriage rule before 

marriage is valid in India:

• The individuals getting married must be unmarried or divorced from the living spouse from 

  their previous marriage.

• The legal age for matrimony for a woman is 18 years and for a man is 21 years.

• The sanity of mind is vital for both individuals, and they must be capable of giving their consent 

  to the marriage freely.

• Both the parties getting married must be mentally fit for the marriage i.e. they must not be 

  suffering from any mental illness.

• Both the bride and groom should not be ‘sapindas’ of each other except if it is allowed under

   their respective religious laws.

• The Special Marriage Act, 1954

The special marriage laws apply to the citizens of India regardless of their religion, caste, or culture. 

With the provisions of the Act, individuals from a different religion, caste, or community are allowed to

 get married, provided certain conditions are met:

• Marriage registration in India is mandatory to solemnize a marriage under this Act. A family 

  lawyer needs to be hired to complete marriage registration in India.

• The age of both the bride and groom should be 18 and 21 years respectively.

• Both the bride and groom must be of sound mind.

• Both the parties cannot share common ancestors or be blood relatives. Under the Act, there are 

  37 relations forbidden, in which no marriage can take place between them.

• Marriage Registration in India

Marriage registration provides legal validity to the marriage of two individuals. A marriage certificate is 

the legal proof of marriage in case of any dispute between the spouses or families in the future. A family 

lawyer can apply for marriage registration in the state where the concerned individuals reside.

The marriage registration process in India and the time required for marriage varies in every state. 

However, there are certain steps and requirements in marriage registration in India.

• The spouses need to visit the office of the Registrar of marriage to submit the duly filled marriage

   registration application, along with help from a family lawyer and required attachments, documents, 

  and applicable registration fees. All the submitted documents should be in two sets, both in original

   and their attested copies for verification.

• The office of the Registrar of Marriage is located where either of the two spouses has stayed for a

   minimum of 6 months before the marriage.

• The marriage registration application in India must include all the relevant information about the 

  parties and whether they were formerly married or not.

• After verifying the documents, the office provides the date of issuance of the marriage certificate.

• On the scheduled date of marriage registration, the married couple needs to appear before the Registrar.

• The total time for marriage registration in India and the issue of the marriage certificate is about 15 days.

   

  
  
   

• Court Marriage Registration in India

The given procedure is followed in court marriage registration in India:

• A notice in the prescribed form is submitted to the Registrar of Marriage in which either of the two spouses resides or 

  has resided for a minimum of 30 days from the date on which the notice is submitted to the Registrar. The notice needs to

   be submitted with the required documents for court marriage and prescribed fees. Before court marriage registration, it is

   advisable to consult a court marriage lawyer to make your marriage registration process smooth.

• The Registrar receives the notice and issues the details in the marriage register.

• The notice is then published by the Registrar in his office and one copy is sent to the other district’s marriage office if the other 

  spouse resides in another district. The objective of publishing is to invite objections to the marriage if any.

• The notice remains published for a month, and during the period, if there is any objection, then marriage details undergo further 

  investigation.

• The Registrar can accept any objection and cancel the application for marriage registration. The spouses have the right to hire 

  a family lawyer and issue an appeal against the Registrar’s decision.

If the Registrar has not received any objection after 30 days, the marriage is officialized, and a marriage certificate is registered in 

presence of 3 witnesses. It is advised to consult a family lawyer for marriage registration in India as different marriage laws in India lay 

down different conditions of marriage.

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