A Marriage Certificate is legal document that is used to prove the solemnization of marriage between the parties. In the landmark judgment of Seema vs. Ashwani Kumar, the Supreme Court has held that compulsory registration of marriage would be a step in the right direction for the prevention of child marriage still prevalent in many parts of the country.
The Special Marriage Act, 1954, the Hindu Marriage Act, 1955, Muslim personal laws, the Indian Christian Marriage Act, 1872, the Parsi Marriage and Divorce Act, 1936 are some of the statutes that have made registration of marriage compulsory. Many states inIndia have made provisions for the compulsory registration of marriages. Marriage Registration is compulsory for all the religions and also for any inter-religious marriages. Marriage is to be registered within 30 days from the date of marriage with the Registrar of marriages, in whose jurisdiction the marriage ceremony has taken place.
The marriage registration acts as a valid proof of marital status of the parties and the legality of the children born out of the wedlock. Marriage registration helps the courts and authorities in deciding various marital issues like divorce, dowry and maintenance. It is a good piece of evidence against the false denial of marriage. The compulsory registration of marriage would help in preventing child marriages. For getting a visa for the husband or the wife, the certificate of marriage acts a substantial proof of marriage. It is also a substantial proof against false cases wherein the parties have solemnized secret marriage against the wish of their families. It is also helpful in claiming the Bank deposits or Life Insurance benefits in case of demise of the account holder or the insured when he/she dies without a nomination or otherwise. A marriage certificate provides social security to the parties to the marriage.
For registration of marriage, the form for registration of marriage duly completed and signed alongwith the necessary documents like the residence proof, proof of age, proof of marriage, photographs of marriage, etc alongwith requisite fee has to be submitted to the office of Registrar of marriage, who after the completion of all the required formalities shall issue a Certificate of Marriage to the parties.
The laws that govern the issues related to the family are collectively known as family laws. A Family Law Firm has an expertise in dealing with all such matters which shall include a solemnization of marriages, registration of marriages, maintenance, restitution of conjugal rights, divorce, judicial separation, bigamy, interim maintenance, alimony and other aspects related to the marriage and divorce. A family law firm would also have competence in providing legal assistance in matters related to domestic violence.
A family law firm also provides legal advice and assistance in matters related to custody, adoption in country and inter-country adoption, surrogacy, maintenance, guardianship, partition of joint property, termination of parental rights and other aspects of family law.
Whether it is a matter related to the Hindu law, Muslim law or Christian law, one can get expert legal opinion and assistance from a family law firm having expertise in the filed.
A Family Law Firm should be able to actively represent its clients before the legal forums including district courts, High Courts and the Supreme Court, family courts, National Human Rights Commission, National Commission of Women, other Women’s cell / organizations.