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Marriage certificate In Bangalore

Essentials of Marriage Registration in Karnataka 1. THE HINDU MARRIAGE ACT, 1955 Under the Hindu marriage Act, 1955, certain conditions must be fulfilled in order to give the marriage between the parties a legal standing and make it a valid marriage. These conditions have been specified under Sec. 5 and sec. 7 of the Act. By virtue of section 5 of the Hindu Marriage Act 1955, a marriage will be valid only if both the parties to the marriage are Hindus. If one of the parties to the marriage is a Christian or Muslim, the marriage will not be a valid Hindu marriage.[1] It was held in the case of M. Vijayakumari vs. K. Devabalan[2]that: A marriage between a Hindu man who converted as Christian and a Christian lady in a Hindu form is not a valid marriage. According to section 5 of the Act marriage can be solemnized between two Hindus. A marriage may be solemnized between any two Hindus if the following conditions are fulfilled, namely: • Neither party has a spouse living at the time of the marriage, • Neither party is incapable of giving a valid consent to it in consequence of unsoundness of mind, • Though capable of giving a valid consent, neither of them has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children, • Neither of them has been subject to recurrent attacks of insanity or epilepsy. • The bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of marriage, • The parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two, • The parties are not sapindas (one is a lineal ascendant of the other) of each other, unless the custom or usage governing each of them permits of a marriage between the two[3]. Note: Degree of prohibited relationship[4]- Two persons are said to be covered under the degrees of prohibited relationship if – • One of them is the lineal ascendant of the other, • If one was the wife or husband of lineal ascendant or descendant of the other, • If one of them was wife of the brother or of the father’s or mother’s brother or of the grandfather’s or grandmother’s brother of the other, • If the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters. Solemnization & Registration in Hindu Marriage in Karnataka The Hindu Marriage Act, 1955 deals with the ceremonies to be followed in a Hindu marriage, by the virtue of Sec. 7. The provision states that a Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either of the parties. A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto. Where such rites and ceremonies include the saptpadi (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. The ceremonies may vary according to the cultures and customs followed by the parties. In the matter of Kanwal Ram vs. Himachal Pradesh Administration the court declared that a marriage is not proved unless the essential ceremonies required for its solemnization are proved to have been performed. 2. THE SPECIAL MARRIAGE ACT, 1954 The Special Marriage Act, deals with both solemnization and registration of marriage. Under the Special Marriage Act, 1954 certain conditions have been laid down under Sec. 4, which are substantially similar to those laid down under Sec. 5 of the Hindu Marriage Act, 1954. As per this act, no religious ceremonies are prerequisite for a marriage to be complete. The Act lays down following conditions for a marriage to be regarded as a lawful one, having legal standing, by the virtue of Sec. 4: • Neither party should have a spouse living at the time of the marriage[7]. • The physical and mental capacity of the both the parties should be as per the section requires • The age of the parties i.e. the male has completed the age of twenty one and the female has complete the age of eighteen • The parties are not within the degree of prohibited relationship provided that custom governing one of the parties permits such a marriage between them A marriage in contravention of any of the above conditions will stand void under the Special Marriage Act, 1954. For the Hindus, Buddhists, Jains and Sikhs marrying within these four communities, the Special Marriage Act 1954 is an alternative to the Hindu Marriage Act 1955. The purpose of registration of marriage The purpose of registration of marriage is only to furnish a convenient evidence of marriage Clause (4) provides that Hindu Marriage Registers will be admitted as evidence. The certificate is however not a conclusive proof of marriage. Besides the evidentiary value, the national commission for women has pointed that registration of marriage has critical importance to various women related issues, such as :– (a) Prevention of child marriage. (b) Prevention of marriage without the consent of the parties. (c) Prevention of illegal bigamy or polygamy. (d) Enabling married women to claim their right to live in the matrimonial home, maintenance, etc. (e) Enabling the widows to claim various rights after the death of their husbands. (f) Deterring men from deserting their wives after marriage. (g) Deterring the sale of girl under the garb of marriage. It is explicitly laid down in this Act that non registration does not affect the validity of marriage. Thus marriage can be valid without registration. PROCEDURE FOR MARRIAGE REGISTRATION IN KARNATAKA It is essential to carefully understand the procedure to be followed to get your marriage registered as per law. Who to approach for marriage registration? For the purpose of registration of marriage[12], one has to approach the office of the Sub Divisional Magistrate under whose jurisdiction the marriage took place or where either of the spouses stayed for at least six months before the marriage. Documents required for marriage registration in Karnataka As per the official website of Karnataka Government, following documents are required to be submitted after being duly attested by the Gazetted Officer, for obtaining registration of marriage Hindu marriage Act: • Application form or Memorandum of marriage duly signed by husband and wife. • Documentary evidence for support of date of birth of both the parties. This age, under both the Hindu Marriage Act and Special Marriage Act, is 21 years for male and 18 years for female. This document can be in the form of matriculation certificate/passport/birth certificate. • Residence proof of husband and wife (Ration Card, Aadhar Card, Election Voter Id, PAN Card, or bills like Electricity Bill etc.) • Two passport size photographs of both the parties and one marriage photograph. • Marriage invitation card, if available. • In case the marriage was solemnized at a religious place, a certificate from the priest is required to solemnize the marriage. • In case of marriage under Hindu Marriage Act Rs. 100, and in case of marriage Special Marriage Act, Rs. 150, is required to be submitted to the cashier of the district and the receipt is to be attached along with the application form. • The parties are required to give affirmation that they are not related and do not fall within the degree of prohibited relationship, as laid down under the Hindu Marriage Act 1955 and the Special Marriage Act, 1955. • Attested copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower. • In case one of the parties belong to other than Hindu, Buddhist, Jain and Sikh religions, a conversion certificate from the priest who solemnized the marriage(in case of Hindu Marriage Act) is required. • Affidavit by both the parties stating place and date of marriage, date of birth, marital status at the time of marriage and nationality. In case of Court Marriage – how does registration of marriage take place? • An Application must be attested by Notary Public • Application form in the prescribed format. • Age Proof or any one out of – Voter I- Card, Driving License and Matriculation Certificate. • Residence Proof- Voter I- Card, Driving License, Matriculation Certificate, or Passport. • 6 Passport size photographs of the bride & the groom . • PAN Cards and the Residential Proofs of the three witnesses. • In case one of the bride or groom is (are) a divorcee than a Certified copy of Decree of Divorce granted by the Court or • In case of the death of the last spouse of either of the party, a death certificate is required. • If one of the partner is a foreigner then No Impediment Certificate / NOC from concerned Embassy and Valid VISA required. Criteria for Marriage Registration in Karnataka 1. . Hindu Marriage Act For the purpose of concluding the process, after due verification of all the documents submitted by the parties, a day is fixed for registration which is communicated to the parties. Both the parties, along with the Gazetted Officer who attended their marriage, are required to be present on the said day before the Sub-Divisional Magistrate. After all the process is concluded, and the SDM is satisfied, the certificate is granted on the same day. 2. Special Marriage Act in Karnataka for initiating the process of marriage registration under this Act, before submitting the above documents, both the parties have to give a 30-day notice to the sub-registrar in whose jurisdiction at least one spouse has resided[13]. Both the parties are required to be present after submission of documents for issuance of public notice inviting objections. One copy of notice is pasted on the notice board of the office and the copy of the notice is sent via registered post to both the parties as per the address given by them. Registration is done 30 days after the date of notice, after deciding any objection that may have been received during that period by the SDM. Both parties along with three witnesses are required to be present on the date of registration[14]. Marriage between an Indian and a foreigner in Karnataka : There is no law in Bangalore , Karnataka that prohibits an Bangalore , Karnatakan marrying with a foreigner in Bangalore , Karnataka. Certainly, both must be legally of sound mind and competent enough to marry. The Special Marriage Act, 1954 is applicable where an Bangalore , Karnatakan and a foreigner intent to marry in Bangalore , Karnataka. On the other hand, when an Bangalore , Karnatakan intends to marry in any other country, the Foreign Marriage Act, 1969 is applicable[15]. Thus, it can be implied that a marriage performed between an Bangalore , Karnatakan and a foreigner is a civil marriage in nature. In such a case, firstly a No Impediment Certificate/NOC from concerned Embassy and valid VISA is required. All other documents and the procedures to comply with are the same as any other civil marriage performed under the Special Marriage Act, 1954. Christian Marriages In Bangalore , Karnataka : Though the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 are the two primary legislation governing the process of solemnization and registration of marriage in Bangalore , Karnataka, there are certain other legislation enacted to govern the process of marriage solemnization and marriage registration between certain minority religions in present in Bangalore , Karnataka. For instance, the Christians and the Parsi Marriage in Karnataka – These minority religions which are not covered under either of the two primary legislation are to be given an equal treatment and thus it was very essential for the Bangalore , Karnatakan legislature to frame laws in this regard. The Christians marriages in Bangalore , Karnataka are governed by the Bangalore , Karnatakan Christian Marriage Act, 1872, which provides for solemnization of marriage either by a minister or by a priest of the church. The Indian Christian Marriage Act 1872 in Karnataka : The Bangalore , Karnatakan Christian Marriage Act, 1872, however, says that all Christian marriages shall be solemnized under its own provisions[16].It further, by the virtue of Sec. 4, lays down that apart from Christian-Christian marriages, the marriage of a Christian with a non-Christian must also be solemnized under this Act. Deciding a case, the Karnataka High Court held that “Christian marriage – even if one of its parties is a Hindu – cannot be dissolved by a decree of divorce under Section 13 of the Hindu Marriage Act”[17]. Interestingly, Division bench under same High Court-in 1995 – ruled that- “Marriage performed under the Christian Marriage Act and validly registered under the provisions of Special Marriage Act can be dissolved on the basis of mutual consent under Section 28 of the Special Marriage Act , if the conditions laid down in that Section are fulfilled”.[18] The general conditions are same as for the other marriages, i.e. the marriage should take place with free consent of the parties, bride and bridegroom should be of 18 and 21 years respectively, and neither party should have a spouse living. Apart from this, following procedure is to be followed if marriage is performed under this Act: • Notice of intended marriage If both the parties reside in the same area, either party will have to notify the Minister of Religion of their intention to marry by the way of a notice. In case both the parties reside in different areas, each party will have to make a separate notice in writing to the Marriage Registrar located within their areas of residence.[19] The notice has certain important details like- ¤ In case any of the party is minor: The father, if living, of any minor, or, if the father is dead, the guardian of the person of such minor, and, in case there is no such guardian, then the mother of such minor, may give consent to the minor’s marriage, and such consent is hereby required for the same marriage, unless no person authorized to give such consent be resident in Bangalore , Karnataka[20]. ¤ The Minister then issues certificate in pursuance of the notice to solemnize the marriage. ¤ Persons authorized to solemnize: According to Sec. 5 of the Bangalore , Karnatakan Christian Marriage Act, 1872, following people are competent to solemnize a marriage and a marriage solemnized by any other of these persons will stand void- ♦ Any Clergyman of the Church of Scotland, provided that such marriage be solemnized according to the rules, rites, ceremonies and customs of the Church of Scotland, ♦ Any Minister of Religion licensed under this Act to solemnize marriages, ♦ By or in the presence of, a Marriage Registrar appointed under this Act, ♦ Any person licensed under this Act to grant certificates of marriage between Bangalore , Karnatakan Christians. • Performance of marriage in Karnataka A Christian Marriage is performed between the parties to the marriage according to the rituals that are regarded as essential and proper as per Minister or Priest performing the marriage. The marriage rituals compulsorily require presence of two witnesses apart from the minister or the priest performing the marriage. If a marriage has not been performed within the period of two months after the issuance of the certificate of notice, such a marriage cannot be performed after the lapse of the two month period, and a fresh certificate of notice should be applied for in order to solemnize the marriage. • Marriage Registration in Karnataka The Bangalore , Karnatakan Christian Marriage Act, 1872, under Part IV deals with marriage registration performed under this Act. The parties are required to make an application for marriage registration to the concerned authority in whose Jurisdiction either party has been residing. The Marriage Register is where the Registrar, who was present and performed the marriage of the couple, registers the marriage. The acknowledgement slip of the registration is signed by both the parties to the marriage along with their witnesses and it is attached to the register as a proof that the marriage was registered. These acknowledgement slips are sent out at the end of the month to the Registrar General of Births, Deaths and Marriages. Indian Christian marriages can also be endorsed under a special provision without a prior notice. Documents Required for marriage registration: 1. Complete Application Form 2. Passport Size Photographs 3. Marriage Certificate issued by the Minister of Priest who performed the marriage 4. Proof of Residence and Age of the Parties 5. Affidavit certifying mental and marital status of both parties. PARSI MARRIAGES IN BANGALORE , KARNATAKA Marriage under Parsi Marriage Act can be registered in the Office of the District Registrar under whose jurisdiction the marriage takes place. The Act considers the marriage unlawful under certain conditions laid down in Sec. 4, which says- “No Parsi (whether such Parsi has changed his or her religion or domicile or not) shall contract any marriage under this Act or any other law in the lifetime of his or her wife or husband, whether a Parsi or not, except after his or her lawful divorce from such wife or husband or after his or her marriage with such wife or husband has lawfully been declared null and void or dissolved, and, if the marriage was contracted with such wife or husband under the Parsi Marriage and Divorce Act, 1865 or under this Act, except after a divorce, declaration or dissolution as aforesaid under either of the said Acts”. Any marriage that has been performed in contradiction of this provision stands void[21]. According to this Act: 1. A Parsi priest solemnizes the marriage. 2. Signatures of both bride and bridegroom are required along with signatures of three witnesses to issue a certificate of marriage. 3. Certificate needs to be send to Marriage Officer for registration along with prescribed fee. 4. The parties must not fall under the ‘Degree of prohibited relationship’ laid down by Sec. 53. Compulsory marriage Registration in Karnataka The Supreme Court has ordered compulsory registration of marriages irrespective of religion. It directed the Centre and all the States and Union Territories Registration of marriages Compulsory : Supreme Court Centre, States and all Union Territories directed to amend the rules within three months • Incorporate provisions for consequences of non-registration: Court • "Law on registration of marriages would help to prevent child marriages" New Delhi: The Supreme Court on Tuesday ordered compulsory registration of marriages irrespective of religion. It directed the Centre and all the States and Union Territories to amend the rules to this effect within three months. A Bench consisting of Justices Arijit Pasayat and S. H. Kapadia issued the direction on a petition filed by Seema, a divorcee, seeking directions for making the registration compulsory. It asked the Union Government to give publicity to this order and said the public could give their objections within a month. The new rules should be notified after taking into consideration their objections. The Centre and the States should incorporate appropriate provisions for the consequences of non-registrations and false declaration during the registration of marriage. The Bench said one way of curbing the practice was to make it mandatory for all to register their marriage under which one was obliged to give one's age at the time of the wedding. The rules should specifically contain a provision for appointment of an officer for this purpose. The judges agreed with the views of the National Commission for Women that compulsory registration would be of critical importance to prevention of child marriages and marriages without the consent of parties; checking illegal bigamy/polygamy; ensuring the minimum age of marriage; and enabling married women to claim their right to live in the matrimonial houses. The Bench said a Central law would enable women to claim their inheritance rights and other benefits and privileges which they were entitled to after the death of their husbands; deter men from deserting women after marriage, and parents and guardians from selling daughters/young girls to any person including a foreigner under the garb of marriage. The Bench said it was in agreement with the suggestion that maintenance of official records on registration of marriages would facilitate disposal of litigation between or relating to parties to a marriage. A certificate of marriage is an essential document as it establishes the marital status of a couple. It is necessary particularly for women for various purposes like applying for a passport, for visa, or for claiming for bank deposits or insurance benefits in case of sudden demise of her spouse. Marriage registration in India is done as per the Hindu marriage Act, 1955 or under the Special Marriage Act, 1954. The age of 21 years must be completed by the groom and18 years by the bride. Collect an application form from the nearest sub Registrar office in Bangalore. Fill in the details of the bride and groom in the form. You need to get this form signed by three witnesses- relatives or friends. Note : Normally both parents should be a witness and both parents must present at the time of registration. Also keep all following original documents along with two set of Xerox. The original and a photocopy each of these proofs are to be submitted with the form: • passport size six photographs for bride and groom • One wedding photograph • Wedding Card 2 • Identity proof for both individuals (Pan Card or Voter ID, etc) • Address proof of the husband(Passport, Ration Card, Aadhar Card, etc) • Age Proof ( Birth or education certificate • Hall / temple receipt • Gazette in case of name change of the wife after marriage/ conversion • Witness with id proof – 3 nos. Meet the clerk at the sub registrar office for the verification of the information. The data entry operator will fill in your information to the computer and provide you six printouts. Affix the photographs to the printouts and attest the photocopies. Attach the wedding photograph, wedding card and other documents. Both husband and wife need to sign on the six printouts. The sub registrar’s office will keep with them four copies and hand over one copy each to you and your spouse. This copy is to be held to claim in case of a dispute that will need legal action. In case you have lost or misplaced the certificate, please get back to the sub registrar’s office to do the needful. Certain fees would be collected by the sub registrar to complete the certification. Normally In case of Inter religion Marriage, Inter religious Marriage, or Marriage between citizens of different nationals, the process of fetching the marriage certificate would take 30 days to be completed. Additional documents and proofs would be required depending on the country and religion one comes from. There is possibility to complete the Inter religion Marriage, Inter religious Marriage, or Marriage between citizens of different nationals is not possible in one day process within Karnataka. That is why many couples prefer other state to do inter religion Marriage, or Marriage between citizens of different nationals.


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