Arya Samaj Court Marriage Haldwani
Arya Samaj Court Marriage Haldwani ourt marriages, unlike ordinary Indian weddings, are the marriages solemnized under/in accordance with the Special Marriage Act, 1954 (hereinafter ‘the act’). The marriage can take place or be solemnized in the court itself in the presence of a Marriage Officer and three witnesses. These marriages do not have to include the elaborate customary or ritualistic steps of the personal laws of the parties to the marriage. Merely marrying in the presence of marriage officer in accordance with the act is sufficient for a valid marriage
What are the complexities one faces in a court marriage?
The process of a court marriage is relatively simpler than the ordinary marriages which include customary rituals, elaborate religious steps and months of planning. The few complexities that one faces in a court marriage are as follows:
- The dates are dependent on the Marriage Officer as to what date he allots the same for appearance and solemnization of the court marriage. In the case of an emergency, the marriage cannot be done earlier than the allotted date (30 days after the notice is published only when no objection is raised by anyone).
- A well-founded objection can stall the marriage for a long period and the decision depends on the determination of the Marriage Officer. If the Marriage Officer upholds the objection the parties have to appeal to the District Court for the same.
- The whole process has to be done manually in most places by going to the office of the marriage officer, as working online portals are not present everywhere.
- One has to be residing in a place for a minimum of 30 days for being eligible to give notice to the marriage officer of that area or district. So generally one can only apply for marriage where he/she resides and not some destination that he/she had planned to marry in.
- The documents required, the fees to be paid and the persons appointed as Marriage Officers differ from place to place. It is generally as per the rules framed by the respective States.
- If the marriage is not conducted within 3 months from the date of giving the notice then the notice lapses and a fresh notice is to be given to the Marriage Officer.
- The legal complexities that one faces while marrying through a court marriage is that, in case one of the parties are either Hindu, Buddhist, Sikh or Jaina and belong to a Hindu undivided family then such marriage would result in his/her severance from such family. The succession would be governed by the Caste Disabilities Removal Act, 1850
- Passport Size Photographs – four each of Marrying Persons.
- Residential Proof (Voter Card / Passport / Ration Car / Driving License / Bank Passbook / Lease Deed/ Rent Deed) of Marrying Persons.
- Date of Birth Proof (Municipal Corporation Certificate, X th or XII th Examination Certificate, Passport, PAN Card) of Marrying Persons.
- If any party is divorcee Certified copy of Decree of Divorce granted by the Court.
- If any party is widow / widower Death Certificate of the dead spouse.
- If any party is a Foreign Citizen or holding a foreign Passport or is having foreign residential address
- Certificate of Present Marital Status of the party / No Impediment Certificate / NOC from concerned Embassy and Valid VISA.
- Two Witnesses ( Both should be major ).