What Are The Legal Proofs For Marriage In India?
In India, marriage is a social and legal institution that is subject to a number of rules and laws. Several documents and pieces of evidence can be taken into account while establishing the proof of marriage. Here are a few typical Indian marriage proofs:
- The marriage certificate is the most important document that can be used as legal evidence of a marriage in India. After the marriage has been registered, it is given out by the relevant authorities. The certificate contains information like the names of the spouses, the wedding's date and location, as well as the witnesses' signatures.
- The wedding invitation card can be used as legal documentation of marriage. It normally includes the names of the bride and groom as well as the names of their families, as well as details on the date, time, and location of the wedding ceremony.
- Images and films: Images and films of the wedding ceremony, including customs and rituals from the past, can be used as proof. These tangible evidences can support the validity of the marriage.
- Registration of marriages under the Hindu Marriage Act, the Special Marriage Act, or other applicable laws is required in India. An official document that certifies the marriage and can be used as evidence is the marriage registration certificate.
- Affidavits and Notarized Declarations: Documents that attest to the marriage, such as affidavits or notarized declarations from the couple, their relatives, or witnesses, may be used as supporting evidence. These records have validity in court and can be used to prove marriage.
- Professional wedding photographers and videographers can provide their services as official marriage proof. They documented the wedding ceremony. They can attest to the event's veracity and, if necessary, offer more evidence.
- Records from the wedding reception: If a wedding reception was held, documents such venue reservations, invoices, or guest lists may be used as proof. These documents can prove that a marriage ceremony actually took place.
- Joint bank account statements, insurance policies, and real estate deeds, as well as other financial records that show the couple's marital status, can be used as supporting documentation for a marriage.
The Hon'ble Supreme Court added a new dimension to the "Protection of Women from Domestic Violence Act of 2005" by taking into account live-in partnerships, which are relationships in which a boy and a girl cohabit without getting married. Relationship recognised by the law by the court.
It is acceptable to engage in sexual activity without getting married, and if the couple so chooses, they can end the relationship. If a girl has been living with her partner for a significant amount of time, she may be eligible to file a claim for maintenance under Section 125 of the Criminal Procedure Code.
The girl can demonstrate that they had been cohabiting in society for a considerable amount of time. As there won't be any indication that they are living together, the court can assume that they are married. A genuine child is one that was born from a live-in relationship.
According to HMA Section 7(2), a husband or wife's marriage would be taken into consideration by the court if they haven't completed Saptpati Vivah or other formal rituals or ceremonies. The verdict in "Vineeta Devi vs. Bablu Thakur 2011" demonstrated this.
Either the Special Marriage Act of 1954 or the Hindu Marriage Act of 1955 may be used in India to register a Hindu marriage. The Special Marriage Act applies to all Indian citizens, regardless of faith, but the Hindu Marriage Act solely applies to Hindus. The Hindu Marriage Act does not permit a marriage to be solemnised by a marriage registrar, but it does permit the registration of a marriage that has already been solemnised.
It's vital to keep in mind that depending on the Indian state or union territory and the relevant legislation, the particular criteria for proof of marriage may change. For accurate and current information regarding the proof of marriage in a particular area, it is advisable to speak with legal experts or the appropriate authorities.
If couple lives in Gurgaon then Court Marriage In Gurgaon may be performed. Likewise, if the couple lives in Moradabad then Court Marriage In Moradabad may be hired. Court Marriage In Coimbatore. may be done if the couple lives there.
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