Marriage is regarded as a fundamental aspect of humanity and a global social institution. In order to respect the principles of religious freedom and protect the core practices of the many religions and beliefs that make up India, there is no one legal structure governing the marriage institution. The legalization of a couple's union takes place only after receiving approval from the country's existing laws, sometimes known as marital or marriage laws.
Due to the country's diverse population, India's Marriage law has a distinctive quality that makes it stand apart.
Different Process of Marriage as per the Indian Law
TRADITIONAL MARRIAGE
In India, traditional marriage is a union between two people that follows the customs of the time and is usually done to start a family.
The couple and their family members receive honor and dignity from the traditional marriage ceremony. The pair is responsible for the sight of the people in the community. They have social acceptance and a sense of dignity in society since they are prepared to assume obligations in marriage.
The legality of the Traditional Marriage
The couple can only show the legal existence of the marriage in court if the customary marriage is registered and they have a Certificate of the Marriage union.
ARYA SAMAJ MARRIAGE
In India, the marriage ceremony in an Arya Samaj begins with the bride and groom reciting sacred Vedic verses. This is followed by the tradition of exchanging garlands, in which the bride wraps the groom first. This represents how well the general population has received their new union.
The legality of the Arya Samaj Marriage
According to the Arya Samaj, Marriage Validation Act of 1937 and the stipulations of the Hindu Marriage Act of 1955, the Arya Samaj marriage ceremony is made in accordance with Vedic traditions and rituals. The duration of an Arya Samaj marriage is one to two hours. It examines the alliance's legitimacy in light of its "social" and "legal" obligations. The Marriage ceremony is done in a first-come, first-served manner after a 48-hour wait time for any alterations, based on the priest's availability, once the fees and paperwork are adequately furnished and accepted.
Eligibility Criteria for the Arya Samaj Marriage
At the time of registration, the bride must be 18, and the groom must be 21 years old.
Arya Samaj regulations permit inter-caste and inter-religious unions, provided that none of the parties to the marriage are Muslim, Christian, Parsi, or Jewish. These religions allow conversion through a procedure known as Shuddhi.
COURT MARRIAGES
In India, court marriages differ from traditional marriages as well as Arya Samaj marriages, which take place in front of a marriage registrar in a court. A court marriage is when a man and woman are legally allowed to marry without considering their caste, religion, or creed in front of a judge, a marriage registrar, and three witnesses.
The legality of the Court Marriage
The Special Marriage Act of 1954 is the prerequisite of a court marriage which should be satisfied. Both parties do not have to be of Indian nationality in order to marry through the procedure of court marriage. In the court, a foreigner and an Indian citizen can get married. Through court marriage, people of two different genders who follow the same or a different religion can also marry each other.
Eligibility Criteria for the Court Marriage
The boy or girl must reach this age in order to get married, per Indian law i.e., 18 and 21, respectively
In this type of marriage union, two people from different castes, religions, or creeds can marry each other.
Importance of Registration of Marriage
The Marriage Registration provides legal recognition to the married couple by providing them with a Marriage Certificate
It offers acceptance and social safety
A marriage certificate is necessary if a couple plans to open a bank account or apply for a passport after the marriage
It helps in aiding in obtaining visas for the couple
The Marriage Certificate is necessary for the partners to travel abroad using a spouse visa because foreign embassies in India and other nations do not recognize traditional marriage
You will always need a well-experienced and competent lawyer to carry out the court marriage procedure smoothly. If you want to have a court marriage in Gurgaon, then Court Marriage Lawyer in Gurgaon can be hired. If you want to have a Court Marriage Lawyers in Noida, then a Court Marriage Lawyer in Noida can be hired. Likewise, a Court Marriage Lawyer in Delhi can be hired if you want to have a court marriage in Delhi.
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