LEGALS IN MARRIAGE

In India, there are several legal requirements and documents related to marriage that you should be aware of. These are necessary for ensuring that the marriage is recognized legally and for fulfilling the statutory obligations set forth by the law. Here are the key legal aspects involved in an Indian marriage:

• Purpose: Marriage registration is mandatory under Indian law, particularly for the purposes of legal recognition of the marriage. A registered marriage gives you access to certain legal rights and privileges, such as inheritance rights, joint property rights, etc.
• Applicable Law: 
  • Hindu Marriage Act, 1955: For Hindu marriages.
  • Special Marriage Act, 1954: For inter-religious marriages or marriages outside the religion of the parties.
• Requirements: 
  • Both parties should have reached the legal age of marriage (21 for men, 18 for women).
  • The marriage must be solemnized by a registered marriage officer or in the presence of witnesses.
  • The marriage registration process involves submitting a marriage application form, providing necessary documentation (ID proof, age proof, photographs), and a declaration of marital status.

• Purpose: Both parties must freely and willingly consent to the marriage.
• Legal Aspect: If either party is forced into the marriage or there is a lack of consent, the marriage can be considered invalid or annulled.
• Applicable Law: This falls under the Indian Contract Act, 1872, as marriage is a contract.

• Purpose: To protect minors from forced marriages and ensure that both parties are physically and mentally mature to handle marital responsibilities.
• Legal Aspect: 
  • The legal age for marriage in India is 18 years for women and 21 years for men, as per the Prohibition of Child Marriage Act, 2006.

• Purpose: A marriage certificate serves as proof of the marriage.
• Requirement: After marriage registration, the couple receives a Marriage Certificate from the registrar, which serves as an official record. This certificate is required for applying for visas, changing surnames, and other legal processes.

• Purpose: In Islamic marriages, the groom is required to give the bride a sum of money or property, known as "Mahr," as a part of the marriage contract.
• Legal Aspect: Muslim Women (Protection of Rights on Divorce) Act, 1986 governs this requirement.

• Purpose: To eliminate the practice of dowry, which has led to several social and legal issues.
• Legal Aspect: The Dowry Prohibition Act, 1961 prohibits the giving and receiving of dowry during marriage. Any breach of this law is a punishable offense.

• Purpose: For individuals marrying a foreign national, a marriage visa may be required for the spouse to join the partner in India.
• Applicable Law: It is regulated by the Foreigners Act, 1946, and the Visa Manual of India. The couple must also meet the eligibility requirements and submit necessary documents for visa processing.

• Purpose: For couples of different religions, the Special Marriage Act, 1954 offers a legal framework for registering marriages outside religious rites.
• Requirements: 
  • Both parties must file a notice with the marriage registrar.
  • The marriage is solemnized within 30 days of the notice being filed.

• Purpose: If you want to avoid traditional ceremonies and proceed with a legal wedding, a court marriage may be the right choice.
• Legal Aspect: A court marriage is solemnized under the Special Marriage Act, 1954. The couple needs to provide documents like age proof, identity proof, and photographs to the court.

• Purpose: In some cases, especially where the marriage involves a minor or one of the parties is under the guardianship of others, consent from the family (usually parents or guardians) is required.
• Legal Aspect: The Guardianship and Wards Act, 1890 and the Hindu Minority and Guardianship Act, 1956 may come into play when seeking consent from guardians for minor marriages.

• Purpose: In case a couple wants to adopt children, or issues of child custody arise, the marriage's legal standing may be a factor.
• Applicable Law: The Hindu Adoption and Maintenance Act, 1956 governs adoption in Hindu marriages. Custody rights are governed by the Guardian and Wards Act, 1890, and for divorced couples, the Hindu Minority and Guardianship Act, 1956 governs child custody rights.

• Proof of age (e.g., birth certificate, school leaving certificate, passport)
• Proof of residence (e.g., utility bill, passport, voter ID)
• Passport-sized photographs of both parties
• Identity proof (e.g., Aadhar card, PAN card, passport)
• Marriage invitation card (for some states)
• Affidavit declaring marital status and age, signed by both parties