Court marriage in Kurukshetra, a significant city with historical and cultural importance in Haryana, India, is a legal procedure that couples opt for irrespective of their religion or caste. This process is governed by the Special Marriage Act, 1954, and requires specific documentation to be completed. Understanding the necessary documentation is crucial for couples planning to embark on this journey.
Court Marriage Documentation in Kurukshetra
Primary Documents required in Kurukshetra for Identification and Age Proof
1. Proof of Age and Identity
Identity Proof / ID Proof: (पहचान प्रमाण पत्र / आईडी प्रूफ)
- PAN Card
- Driving License
- Passport (Any one of these)
Address Proof: (पता प्रमाण पत्र)
- Aadhar Card
- Rent Agreement
- Voter ID Card
- Gas Bill
- Electricity Bill (Any one of these)
Birth Proof:(जन्म प्रमाण पत्र)
- Class 10 Marksheet or Birth Certificate
Divorce Decree:(तलाक आपत्ति)
In the case of a previous relationship, if the previous partners have obtained a divorce, they must submit the divorce decree for the marriage.
Death Certificate:(मृत्यु प्रमाण पत्र)
This is applicable only if one of the partners in a previous relationship has passed away. The surviving partner must submit the death certificate of the deceased spouse.
Photos:(तस्वीरें)
- 6 passport size photos of both the male and female partners
Additional Documents
1. Affidavit
- Affidavit of Marital Status: Each party must submit an affidavit stating their marital status (single, divorced, widowed).
2. Passport Size Photographs
- Recent Photographs: A set of passport size photographs of both parties is required.
3. Witness Documentation
Identity Proof (ID Proof):
- PAN Card
- Driving License
- Passport (Any one of these)
Address Proof:
- Aadhar Card
- Rent Agreement
- Voter ID Card
- Gas Bill
- Electricity Bill (Any one of these)
Photos:
- 2 photos for each witness
Eligibility Criteria for Your Court Marriage In Kurukshetra
Anyone wishing to proceed with a court marriage must meet specific eligibility criteria. There are certain conditions that must be satisfied before the marriage can take place.
Age Criteria:
According to Indian laws, both male and female partners must meet the minimum age requirement. The minimum age for males is 21 years, and for females, it is 18 years.
Mutual Consent of Partners:
It is crucial that both partners give their approval and consent willingly. Both partners should desire to marry each other without any external pressure or force.
Non-Prohibited Relationships:
Some marriages are not permitted due to various religious and cultural customs. Certain relationships are prohibited by Indian laws and different religions. Both partners must not be in such prohibited relationships before proceeding with the marriage.
No Active Relationships:
In Kurukshetra, bigamy is not allowed. Both partners should not have any existing marriages or active relationships. In cases where there were previous relationships, either a divorce decree from the court should be obtained, or one of the spouses should no longer be alive. A Death Certificate or Divorce Decree will be required.
Legal Formalities and Procedures for Court Marriage in Kurukshetra
Application for Marriage Registration in Kurukshetra
1. Filing the Application
- Form Filling: The couple needs to fill out the marriage registration form available at the marriage registrar’s office.
2. Notice Period
- 30-Day Notice: Post the application submission, a 30-day notice period is mandatory before the solemnization of the marriage.
Finalizing the Marriage
1. Marriage Ceremony
- Solemnization: The marriage can be solemnized in the court in the presence of a marriage officer and witnesses.
2. Marriage Certificate
- Issuance of Certificate: After the ceremony, a marriage certificate is issued, which is a legal proof of the marriage.
Court Marriage Process for Foreigners in Kurukshetra
The court marriage process for foreigners in Kurukshetra follows the same eligibility criteria as for Indian citizens. Foreigners must provide the necessary documents, which include:
- Address and Residence Proof in Kurukshetra.
- Passport.
- Age Proof or Birth Certificate.
- Visa.
- Marital Status Proof.
The court marriage typically takes around 30-40 days to complete. However, the marriage registration process itself can be completed in just 2-3 hours.
In addition to the above documents, foreigners may also need to provide:
- No Objection Certificate (NOC) from their respective embassy.
If either partner has been previously married, the following documents may be required:
- Death certificate of the former spouse, if applicable.
- Divorce certificate if the previous marriage ended in divorce.
It’s essential for foreigners planning a court marriage in Kurukshetra to ensure they have all the necessary documentation in order to proceed with the marriage and registration process smoothly.
Marriage Without Parental Consent in Kurukshetra: Legal Options and Procedures
Yes, it is indeed possible to get married without parental consent. When both partners belong to the same religion, they can opt for a marriage ceremony that aligns with their religious traditions. These marriages can also be legally registered under various acts.
- Marriage Without Parental Consent: Marriage without parental consent is allowed in many countries, including India. It is essential to note that consenting adults have the right to marry according to their choice.
- Religious Tradition: If both partners belong to the same religion, they can choose to perform the marriage ceremony in accordance with their religious traditions. This allows them to incorporate the rituals and customs important to their faith into the marriage ceremony.
- Legal Registration: It is crucial to legally register the marriage to ensure its validity and to enjoy the legal rights and benefits that come with marriage. Registration also serves as proof of the marriage’s existence.
- Different Acts: In India, various acts govern the registration of marriages, such as the Special Marriage Act, Hindu Marriage Act, Muslim Personal Laws, Indian Christian Marriage Act, and others. Depending on the religious background of the couple, they can choose the appropriate act under which to register their marriage.
It is advisable to consult with a lawyer for a court marriage. You can click here to get in touch with a lawyer for court marriage
The Timeline of Court Marriages in Kurukshetra: Can It Be Done in One Day?
Court marriages in Kurukshetra, which are conducted under the Special Marriage Act, 1954, cannot be completed in just one day. Typically, it takes approximately 30-45 days for the entire court marriage process to be finalized.
Special Marriage Act V/s Hindu Marriage Act: Understanding the Differences
Special Marriage Act, 1954
- Inter-religion marriage allowed: The Special Marriage Act, 1954, permits inter-religion marriages, allowing individuals from different religious backgrounds to marry.
- Timeline: The process under the Special Marriage Act usually spans around 30-45 days to complete.
- No Traditional Marriages Performed: Under this act, traditional marriage ceremonies and rituals are not performed as part of the marriage process.
- Complete Marriage Process At Court: The entirety of the marriage process, from solemnization to registration, is conducted at the court.
Hindu Marriage Act, 1955
- Only applicable for Hindus: The Hindu Marriage Act, 1955, is exclusively applicable to Hindus, including Sikhs, Jains, and Buddhists.
- Timeline: Unlike the Special Marriage Act, marriages under the Hindu Marriage Act can be registered in a relatively short time frame, typically taking around 3-4 hours.
- Traditional Marriage Performed: Hindu Marriage Act allows for the performance of traditional marriage ceremonies in accordance with Hindu customs and rituals.
- Only Marriage Registration At Court: While the registration is completed at the court, the actual traditional marriage ceremonies are conducted outside the court, such as in temples or religious institutions.
In summary, court marriages conducted under the Special Marriage Act, 1954, have a longer timeline and are open to individuals of different religions. In contrast, marriages under the Hindu Marriage Act, 1955, are applicable exclusively to Hindus and can be registered more quickly, with the inclusion of traditional marriage ceremonies outside the court.
The Process of Getting Married Online in Kurukshetra
Getting married online in Kurukshetra is not currently possible, but the process of marriage registration can be initiated online. However, it’s important to note that both partners are required to physically visit the marriage registrar’s office as part of the procedure. Additionally, marriage registration is mandatory even after conducting traditional marriage ceremonies.
- Online Application for Marriage Registration in Kurukshetra: In Kurukshetra, couples can initiate the process of marriage registration online. This involves submitting necessary information and documents through the official marriage registration portal.
- Physical Visit to the Registrar’s Office in Kurukshetra: While the initial application can be made online, both partners are obligated to visit the marriage registrar’s office in person to complete the registration process. This step is essential for the legal validation of the marriage.
- Mandatory Marriage Registration: It is a legal requirement to register a marriage in Kurukshetra, even if the couple has undergone traditional marriage ceremonies. This registration serves as proof of the marriage’s legality and is necessary for various legal rights and benefits associated with marriage.
- Registrar’s Guidance: During the visit to the registrar’s office, couples receive guidance on the necessary documentation and steps to complete the registration process. The registrar’s office ensures that all legal requirements are met.
- Verification and Documentation: The registrar’s office verifies the authenticity of the documents provided by the couple, such as identity proofs, address proofs, and other required certificates.
- Issuance of Marriage Certificate in Kurukshetra: Upon successful completion of the registration process and verification of documents, the marriage registrar issues a marriage certificate. This certificate is an official recognition of the marriage and is often needed for various official purposes, including obtaining a marriage visa, changing names on official documents, or claiming spousal benefits.
In short, while getting married online in Kurukshetra is not an option, couples can begin the marriage registration process online. However, it is mandatory for both partners to visit the marriage registrar’s office in person to complete the registration process, ensuring the legal validity of their marriage. Marriage registration is essential, even after conducting traditional marriage ceremonies, as it grants legal recognition to the union.
Important Laws for Court Marriage in Kurukshetra
1) Special Marriage Act, 1954 The Special Marriage Act, 1954, is a significant legislation for court marriages and the registration of marriages, regardless of the caste or religion of both partners. Traditional marriage rituals are not performed under this act.
The process in Kurukshetra usually takes around 30 days for the marriage to be completed. All inter-religion marriages are conducted under this act, and parental approval is necessary for marriages registered under the SMA, 1954.
2) Hindu Marriage Act, 1955 The Hindu Marriage Act, 1955, is applicable to all Hindus, including Sikhs, Jains, and Buddhists. The registration of marriages under this Act typically takes only 3-4 hours. Both partners must belong to the Hindu religion, but their caste does not matter.
In this process, both the male and female partners initially complete their marriage in the Arya Samaj Temple in Kurukshetra or with help of Pandits, following Hindu Vedic rituals. Essential rituals like Saptapadi (Seven Pheras Around Fire), Mangal Sutra, and Sindoor-Daan are performed. Two witnesses are required for the Arya Samaj Marriage, which usually takes around 2-3 hours to complete. After the Arya Samaj Marriage or marriage with help of valid pandit, the marriage is registered in court under the Hindu Marriage Act, 1955, and a marriage certificate is issued.
3) Marriage of Muslim Partners If both partners belong to the Muslim religion in Kurukshetra, then all marriages are registered under the Muslim Personal Laws. Initially, both male and female partners perform their Nikah, signing a Nikah-Nama by the Kazi. The marriage is then registered in court, and the marriage certificate is issued after some days.
4) The Indian Christian Marriage Act, 1872 This act applies to all Christians in Kurukshetra. If both partners belong to the Christian Religion, their marriages are registered under the Indian Christian Marriage Act, 1872. The marriage is first solemnized at the Church in the presence of a priest and two witnesses. After the church marriage, the marriage is registered in court as per the Indian Christian Marriage Act, 1872.
5) Parsi Marriage & Divorce Act, 1936 This act is applicable to all Parsi religions in Kurukshetra. If both partners belong to the Parsi Religion in Kurukshetra, their marriages are registered under the Parsi Marriage & Divorce Act, 1936.
Conclusion: The Importance of Proper Documentation for Court Marriage in Kurukshetra
Ensuring that all the necessary documents are in order is crucial for a hassle-free court marriage process in Kurukshetra. Couples should carefully prepare and verify all documents to comply with the legal requirements, making their marriage a legally recognized union.
FAQ (FREQUENTLY ASKED QUESTIONS) :-Court Marriage Documentation in Kurukshetra
1. What is a court marriage?
Answer: Court marriage is a legal procedure for marriage, conducted and registered by a government-appointed marriage officer.
2. Which law governs court marriages in Kurukshetra?
Answer: The Special Marriage Act, 1954, governs court marriages in Kurukshetra.
3. What are the primary documents required for a court marriage?
Answer: Birth certificate, identity proof (like PAN or Aadhar Card), and residential proof (like Voter ID or Passport).
4. Is an affidavit required for court marriage?
Answer: Yes, both parties must submit an affidavit stating their marital status.
5. How many passport size photographs are needed?
Answer: A set of passport size photographs for each party is required.
6. Who can be a witness in a court marriage?
Answer: Any two individuals who have valid identity proof and are of legal age can be witnesses.
7. What is the age requirement for court marriage?
Answer: The legal age for marriage is 21 years for males and 18 years for females.
8. Do we need parents’ consent for court marriage?
Answer: Parental consent is not legally required for adults opting for court marriage.
9. How long does the court marriage process take in Kurukshetra?
Answer: It usually takes around 30-60 days, including the 30-day notice period.
10. Is the presence of both parties mandatory on the marriage day?
Answer: Yes, both parties must be present on the day of marriage registration.
11. Can foreigners get married through court marriage in Kurukshetra?
Answer: Yes, but they must provide additional documentation like a valid visa and no objection certificate from their embassy.
12. Is a medical test required for court marriage?
Answer: No, medical tests are not required for court marriage.
13. Can same-sex couples get married through court marriage in Kurukshetra?
Answer: As of my last update in April 2023, same-sex marriages are not legally recognized in India.
14. What if one of the parties is divorced?
Answer: Divorced individuals must provide a divorce decree for court marriage.
15. Is online registration possible for court marriage in Kurukshetra?
Answer: Online registration might be available, but physical presence is required for the final process.
16. What is the fee for court marriage in Kurukshetra?
Answer: The fee varies and should be confirmed from the local marriage registration office.
17. Can we choose a date for the marriage ceremony?
Answer: Yes, within the stipulated legal framework and after the 30-day notice period.
18. Is a wedding ceremony required in court marriage?
Answer: No, a traditional wedding ceremony is not required; legal formalities suffice.
19. How do we get the marriage certificate?
Answer: The marriage certificate is issued by the marriage officer after the marriage is solemnized.
20. How long is the marriage certificate valid?
Answer: The marriage certificate is a permanent legal document and does not expire.
21. Can the marriage be solemnized outside the court?
Answer: Yes, but it must be under the supervision of the authorized marriage officer.
22. What if one of the parties is a minor?
Answer: Court marriage is not permissible if either party is below the legal age for marriage.
23. Is inter-religious marriage allowed in court marriage?
Answer: Yes, court marriage allows inter-religious couples to marry legally.
24. What if one of the parties doesn’t have a birth certificate?
Answer: Alternative age proof like a matriculation certificate can be used.
25. Can we cancel the marriage application?
Answer: Yes, the application can be withdrawn before the marriage is solemnized.
26. Is a single status affidavit mandatory?
Answer: Yes, it is mandatory to declare marital status through an affidavit.
27. What if one of the parties is a widow/widower?
Answer: They must provide the death certificate of their deceased spouse.
28. Are there any special requirements for NRI applicants?
Answer: NRIs should provide additional documents like a valid visa and passport.
29. Can we have a court marriage on weekends?
Answer: This depends on the working days of the court and the marriage officer.
30. Is legal counsel required for court marriage?
Answer: Legal counsel is not mandatory but can be helpful in understanding legalities.
Sources:-
