To get married in India, there are certain legal requirements that must be fulfilled. The requirements vary depending on the personal laws applicable to the individuals involved, such as Hindu Marriage Act, Muslim Personal Law, Special Marriage Act, etc. Here is a general overview of the legal requirements for getting married in India:
- Age:
The legal age of marriage in India is 18 years for brides and 21 years for grooms. Both parties must be of the legal age to marry, as specified by the law. - Consent:
Free consent of both parties is essential for a valid marriage. Neither party should be coerced or forced into marriage. In cases where either party is incapable of giving consent due to mental illness or unsound mind, the marriage may be voidable. - Marriage Registration:
It is not mandatory to register a marriage in India, but registering a marriage provides legal validity and proof of the marriage. Registration can be done under the respective marriage acts or the Special Marriage Act, depending on the religion of the parties involved. - Notice of Intended Marriage:
If the marriage is to be registered under the Special Marriage Act, a notice of intended marriage must be given to the Marriage Officer in the district where either party has resided for at least 30 days preceding the notice. The notice is usually displayed on a public notice board at the Marriage Officer’s office for a period of 30 days, during which objections can be raised. - Waiting Period:
Under the Special Marriage Act, there is a 30-day waiting period from the date of publication of the notice of intended marriage. This waiting period allows for any objections to be raised. If no objections are received, the marriage can be solemnized after the 30-day period. - Witnesses:
Two witnesses are required for the solemnization of a marriage. They must be present at the time of the marriage ceremony and sign the marriage register as witnesses. - Solemnization:
The marriage can be solemnized in accordance with the customs and rituals of the religion or personal law applicable to the parties involved. The solemnization should take place in the presence of the couple, the witnesses, and the person solemnizing the marriage, such as a priest or a registered marriage officer. - Marriage Certificate:
After the solemnization of the marriage, a marriage certificate is issued. This certificate serves as proof of marriage and can be obtained from the Marriage Officer or the Registrar of Marriages. The marriage certificate may be required for various purposes, such as obtaining a passport, changing the surname, or claiming benefits.
It is important to note that the specific requirements and procedures may vary depending on the personal laws applicable to the parties involved. It is advisable to consult a lawyer or the local Marriage Registrar’s office for accurate and up-to-date information regarding the legal requirements for marriage in a particular case.