Benefits of Court Marriage

Published: 17th January 2012
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Marriage can also be solemnised between any two persons under the provisions of the Special Marriage Act, 1954 which is also known as “Court Marriage” in common parlance. The Special Marriage Act was endorsed to provide a special form of marriage for any individual in India and all Indian nationals in foreign countries without discriminating their the religion or faith pursued by either party to the marriage. The parties may survey any ceremonies for the solemnization of their marriage but some particular formalities are approved before the marriage officer and he can register the marriage. For the provision of the Indian citizens abroad, the act provides for the engagement of diplomatic and consular officers. The marriage officers solemnize and register marriages between citizens of India in a distant country. The Act is pertinent throughout the country except the state of Jammu and Kashmir.

While registration under the Special Marriages Act has been the norm for many years now, it was not mandatory for Hindu marriages until the Supreme Court decreed it recently. Where the marriage certificate does help is in the case of a spouse working and living overseas on a work permit or long-term residence visa and wants his or her spouse to join him or her. No foreign embassy or consulate grants visa to a spouse without proof in the form a marriage certificate. In cases of divorce, legal separation, alimony, or custody of children, courts may insist on seeing the marriage certificate.

Benefits can be summarized as follows:

* Certificate of marriage is useful in getting the visa for the wife/husband. Ceremonial Marriage is not recognized by foreign embassies in India and Foreign Countries outside India. For the proof of marriage in foreign embassies in India and Foreign Countries outside India, you need to have Marriage Registration Certificate. While applying for Spouse VISA, the foreign Embassies ask for Marriage Registration Certificate. And hence, if a husband or wife wants to travel outside India on spouse visa then Hindu Marriage Registration Certificate is a must.

* Certificate of marriage is a document, which provides valuable evidence of marriage. In the unhappy circumstances of disputes (whether civil or criminal) between the spouses relating to divorce, dowry, maintenance and other cases, Marriage Registration Certificate provide protection against false denial of marriage by either of the spouses.

* It will be helpful in claiming the Bank deposits or Life Insurance benefits when the deposited or the Insurer dies without a nomination or otherwise.
* Certificate of marriage is a document providing social security, self-confidence particularly among married women.

Court marriage in India is being considered to be a legal proof of marriage and also give various rights to life companions. Thus special Indian court marriage laws are enforced and followed strictly. People should know that court marriage laws in India are strict and there are constraints or eligibility which people have to fulfill at the time of applying for court marriage in India. Most important court marriage rules in India is that the couple who want to opt for court marriage should not be a minor which means that both man and woman should not be less than 18 years of age. Normally people who want to go abroad or service persons who have to submit their spouse details with authorities opt for court marriage in India. The Indian court marriage in Delhi and India is called special marriage act, 1954.

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