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Legal » Matrimonial-laws » Child-custody-071010
 
Registering Marriage

Yagnesh Chauhan asks,
I am a bachelor and want to know that after marriage how should I register my marriage and get the marriage certificate. Please guide me in detail.
Dear Yagnesh Chauhan,

Presuming that you are getting married as per the customary rituals and rites, after the solemnization of your marriage, you will have to obtain a marriage registration form from the office of Registrar of Marriages situated in the jurisdiction of your place of marriage or where you reside. Fill in all the details pertaining to you and your spouse and get it signed from the priest/pundit who has performed your marriage along with three witnesses and their details.

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You will have to annex you and your spouse’s photograph, the residence proof and age proof, the three witnesses will have to be present along with their residence proof during the registration of your marriage. The said duly completed form shall be submitted to the Registrar of Marriages who shall then complete the formalities and register your marriage.

OR

You may get married to your proposed spouse by way of a registered marriage for which you and your proposed spouse will have to complete some legal formalities. A Notice of marriage is to be given by both the parties. It has to be given to the marriage officer of the district where one of the parties has resided for a period of not less than 30 days immediately preceding the date on which such notice is given. In the notice, the names, the status (unmarried, widow/widower or divorcee), ages and dwelling place of both the parties are to be stated. The length of residence and the permanent dwelling (if the present dwelling place is not a permanent residence) are also to be stated.

The offices of marriage officer shall publish the said Notice by affixing a copy thereof to some conspicuous place in his office and after the expiration of 30 days from the date on which the Notice of an intended marriage has been published, no objections have been received concerning the said intended marriage, the marriage officer shall solemnize the said marriage.

Solemnization of marriage: Before a marriage can actually be solemnized, both the parties and three witnesses are required to file a declaration form issued by the marriage officer. The declaration to be signed and issued by the bride and the bridegroom should contain:
  • The status of the bride (or bridegroom as the case may be) at the time of marriage i.e. whether he or she is unmarried, divorce or widow/widower, the age.
  • A statement that he or she is not related to the other within the degrees of prohibited relationship. Both of you also need to get:
    1. Passport or any document showing your nationality and proof of residence.
    2. Any document showing your proof of birth and age, viz birth certificate or school leaving certificate.
    3. A declaratory affidavit duly notarised stating your current matrimonial status and also providing more information with regards your domicile, age and the place of your permanent residence.
    4. And also a single document showing the residential proof & status of each witness i.e. passport or ration card or any other property document.
Now you may complete the said procedure at the office of marriage registrar at the jurisdiction of the place where you or your proposed spouse is residing.

Divorce Case Tenure

NA asks,
What is the time frame within which a divorce has to be granted in India if: The marriage has lasted less than 5 months and period of separation is more than 6 years. If the divorce case pending for almost 6 years, is there any section or an old case under which divorce can be granted? If the wife has been going against assurance given by her to the Supreme Court and not abiding to the Supreme Court order, what should the husband do? Is there any way in which the Supreme Court can call the case to the Supreme Court in Delhi and have it heard?
Dear NA,

As per the limited facts narrated by you, firstly there is no fixed time frame within which a divorce can be granted, it totally depends upon the circumstances and appropriate processes initiated before the court of law, court would definitely try and lead the evidence as per the grounds on which divorce is filed and the circumstances of the case as initiated.

As you have mentioned in your query that your divorce is pending, you may take out an application of expeditious before the hon’ble forum. And as regards your query if there is any order passed by the Supreme Court, which has not been abided, you may initiate and file for contempt proceedings for not abiding the said order. You may consult an expert divorce lawyer for your further appropriate compliances if required. Hope this suffices your query in brief.
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