Marriage Registration Certificate is issued to both Husband and Wife whose marriage has already been solemnised. The Registration is done under Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs or where they have converted into any of these religions.Where either of the husband or wife or both are not Hindus, Buddhists, Jains or Sikhs the marriage is registered under the Special Marriage Act, 1954
Court Marriage is a civil contract, and hence, there are no rites or ceremonial requirements. As per law – The parties have to file Notice of Intended Marriage in the specified form to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given; Practically – Marriage Registrars only accepts application from marrying persons in which case at least one of the parties has residence proof of the place of his jurisdiction.
Condition for the Court Marriage Act:
The Act mentions that a marriage between two persons can be legally recognized, if the following circumstances are satisfied at the time of marriage:
- Neither of the two parties should have a spouse living at the time of marriage.
- Neither of the two should be incapable of giving a suitable consent to the marriage due to unsoundness of mind.
- Neither of the party should suffer from mental disorder of such a kind or to such an extent that is unfit for marriages and the procreation of children.
- Neither party should have been subjected to repeated attacks of epilepsy or insanity.
- At the time of marriage the groom should attain the age of 21 years and the bride should be of 18 years of age.
- Both the parties should not come within the degrees of prohibited relationship; provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees