People get married via court marriage for various reasons, it may be due to shortage of funds, not having time enough for the various customs involved in the traditional marriages, while some others may be getting married through court due to various reasons such as their partner belong to a different caste, religion, state or nationality. The court premises being a neutral ground do not differentiate between different castes, religions, or any other dissimilarity which could be a taboo in society. A witness thus plays an important role in solemnizing marriages in the court.
How Many Witnesses are required during a court marriage?
For the marriage to get solemnized in the Marriage Officer’s office, after preparing the required documents with the assistance of an experienced Matrimonial Lawyer In Delhi, the couple has to have three witnesses.
These witnesses could be family members, family, friends, or even colleagues.
Thus, the couple could opt to get married, even if their family does not agree to their marriage provided they have attained their legal age (i.e. 21 years for males and 18 years for females).
Conditions provided by law-
After seeking advice from an experienced court marriage Court Marriage Lawyer In Delhi, you could under the legal requirements for a court marriage as well as prepare the necessary documents required for filing the application form as required by the law.
Neither party shall be in a legal marriage, which is still in continuation.
The male shall be 21 years old or more, while the bride should have attained the age of 18 years.
The parties shall be of sound mind.
The parties should not fall within the degree of prohibited relationship, i.e. they shall not be related to each other and thus fall under the degree of prohibited relationship as provided under the law, unless the customs of either party allow so.
Role of a witness during the court marriage-
Under the Special Marriage Act, 1954, inter-religion marriages could be solemnized without abiding by the personal laws of the parties.
The witnesses are required when the couple file for the notice of intended marriage in the form specified under the law with the Marriage Officer.
The Marriage Officer shall have jurisdiction over the area where at least one of the parties resides for a period not less than 30 days before the notice was submitted.
After the filing of the application with the help of a Lawyers In Delhi or your own city respectively, a notice declaring the same is published in the office of the marriage registrar, in case an objection is raised against the marriage based on the grounds provided in the law.
The witness comes into the picture when no objection has been raised against the marriage and the bride and the groom are required to be present in the office of the marriage registrar.
Their declaration of accepting each other as their spouse is signed by the bride and the groom in the presence of the Marriage Officer and the witnesses present.
The witnesses don't only have to witness the ceremony, but also have to sign the documents as well providing their PAN card and residential proof.
This information shall be entered in the Marriage Registration online certificate register after the documents have been duly signed by the parties, witnesses, and the marriage officer.
Consequences-
It is fine if the conditions mentioned as per the law have been fulfilled. In case the conditions are not fulfilled, such as one of the parties was already legally married, or either of the parties has not achieved legal age and if a complaint is filed against the marriage, in such a case the witness may be called to testify.
In case, one of the parties is a minor, then a criminal case could also be filed against the other spouse including the witness.
In fact, if any of the conditions have been violated by any one party, the witness can land in legal trouble.
In case, marital status is questioned or comes into a dispute at a later period, and one of the spouses wishes to prove the fact of a marriage, in such a case also the witness may be issued a summons by the court upon such application by the party.
Lead India offers you a team of experienced advocates, who have years long experience in dealing with matters related to court marriages and similar cases, thus, if you seek legal guidance or assistance you can contact us.
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