Saturday, March 31, 2012

What is Civil Marriage ?

What is Civil Marriage ?

The meaning of marriage is 'state being united to person' as 'husband' or 'wife'.

 
Civil Marriage &Customary Marriage :   
There are two kinds of marriage performed in India;
  • The customary marriage 
  • The non-customary marriage i,e Civil Marriage.

The customary marriage ceremony is performed by following age-old customs,&traditions practiced since time memorial   like Mangalasutradharan,saptapadhi ,Kanya Dhan or Nikah or exchange of rings in the church.

The Customary marriages are governed by respective  customary religious laws viz Hindu law for Hindus/Muslim law for Muslims  /Christian law for Christian etc.

The Civil Marriage is performed through civil ceremony and is governed by"The Special Marriage Act,1954".

Any person ,irrespective of religion or caste or region can get married under Special Marriage Act i.e inter-caste or inter-religious are recognized under the Special Marriage Act.
Any dispute related to inter-caste or anti-religious  marriage ,Special Marriage act applies. 


The primary conditions include :
  • Both bride&bridegroom should be of Marriageable age :girl/bride should be 18 yrs and boy /bridegroom should be 21 

  • There should be valid consent.

  • They should not fall under degree of prohibited relationship.

  • Only Unmarried or previous marriage should have been dissolved legally. 

Procedure laid down in SM Act:


  1. A Notice of intended marriage by parties/partners in a prescribed format ,as given in the second schedule of S.M Act.
  2. Must have resided in the place proceeding date, on the date of notice.
  3. Such notice should be affixed on the notice board for intended marriage for any objections.
  4. Notice book to be maintained by marriage officer for public inspection.
  5. If partners are not residing within local limits of district marriage registrar office,District marriage officer will transmit the notice to concerned district marriage district officer ,where parties residing.
  6. Any Person/persons may file objection to the intended marriage before expiry of 30 days from the date of notice,if any conditions are violated as laid down in the above said act.  
  7. The Marriage officer shall dispose of said objections after hearing both parties,may uphold or refuse to register the marriage.
  8. Aggrieved party can approach concerned District Marriage Officer for an appeal against refusal of registration of marriage. 
  9. Divorcee should attach a copy of divorce decree. 
  10. Three witnesses and age proof [SSC certificate]
  11. On the date of intended marriage,both parties will sign register maintained by M.O along with two witnesses. and the certificate of Marriage will be issued by M.O to the couple.Hence ,the marriage will become legal.

The registration of customary marriage is compulsory ,married couple can approach nearest Marriage Officer along with wedding invitation card,photo's and witnesses for registration of customary marriage.However,in the event of any dispute in customary marriage,the concerned  marriage act applies [HM Act or Muslim law or Christian law]     
 
Many young educated couples opting for love marriage,they are solemnizing it under Special Marriage as they come from different religious and caste background. 


References :
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