Larry Anderson
Today marriage is not just limited to mere marriages through cultural norms and practices but have so many other aspects. Given the change in legislation and the overall social culture, the procedure involved in entering a marriage bond has a lot of importance. Court marriage and marriage registration are two common ways for the legalizing of the marriage. These two refer to similar processes but are different from one another. Perhaps, if you have plans of tying the knot and wished to know the differentiation, this is the best place to be.
What is Court Marriage?
Court marriage means where a couple directly go to the court to get legally married to each other. This is done with the help of Special Marriage Act, 1954 in India by which it becomes possible for two persons belonging to different religion, community or nationality to legally marry without necessarily going through any religious formalities.
Court marriage in particular is acquired when the individuals involved decide to get married but no religious or cultural ceremonies are involved
- It is a civil marriage that is done by a Marriage Officer.
- It is not necessary to have a religious wedding which makes it perfect for couples in an interfaith/non-traditional marriage.
- It is a legal process in which the two people planning to marry must give a notification to the local Marriage Registrar.
- A waiting period of 30 days is observed after which the marriage is consummated and a certificate of marriage is prepared.
What is Marriage Registration?
Marriage registration, on the other hand, is the legal formalities of registering marriage, after the marriage has been entered into. This process is governed by different personal laws which are in India such as Hindu marriage act, 1955 and Indian Christian Marriage act, 1872.
It formalizes the union making it legal to the state in cases where the couple cares about this aspect. This is very useful when establishing the legal nature of marriage in their circumstances such as inheritance, rights and much more. In most cases, the religious and or traditional wedding has been done and the civil wedding is just a formality.
- This is the process of bringing a marriage onto the records after it has been conducted.
- It can be registering at the local sub registrar’s office or through online marriage registration.
- It is easier and it is mainly for the purpose of making sure that the union is annulled and put on record.
- This is compulsory in most states and it acts as an evidence of marriage.
Court Marriage Vs Marriage Registration key differences
Even though both meant to legalise a marriage, there are certain differences between the court marriage and marriage registration. Let’s break them down:
- Nature of the Process:
Court Marriage is a legal marriage which involve two people who have to present themselves to court with all relevant documents and follow certain procedure to be married. On the other hand, Marriage Registration takes place when the individuals get married legally through religious or civil ceremonies, and report their marriage to the authorities.
- Eligibility and Requirements:
Court Marriage can be had by all persons irrespective of color, belief, or origin. The requirements are just a few but legal hence to make sure the marriage is legal as required it meets the following requirements. Marriage Registration, however, depends on the personal law for the individuals in the marriage. For instance, according to the Hindu Marriage Act, one has to be a Hindu, and same rules apply in other personal laws as well.
- Ceremony:
Unlike Civil Wedding, Court Marriage does not encompass any form of customary practices. This marriage is performed in the presence of a marriage officer or a court official of a certain status. Marriage Registration is usually tender after the religious or customary wedding has been conducted. Marriage registration is not complex and, in fact, means that the marriage is recognized by the law.
- Documentation:
For Court Marriage, the parties have to provide a marriage notice and other documents and physical identity proof, photographs, and proof of the age of both parties. Then the court takes the couple through the ceremony and awards them a marriage certificate. In the case of Marriage Registration, after a marriage has been conducted the couple then present the marriage certificate or other documents of the marriage.
- Timeframe:
Court Marriage Registration involve a period of 30 days waiting when the notice of intended marriage is presented to the court. This makes certain that there is no one who can come and oppose the marriage. Registration of marriage on the other hand is normally done within days after the wedding ceremony, provided the couple has filled the legal requirements.
- Legal Validity:
Registered Marriage is legal in all the states of India as it is undertaken under the Secular Law and it does not related to religious faith. Marriage Registration also has legal effect but this is usually attributable to the personal law under which the couple got married. Certain laws highlight that a marriage has to undergo registration process in as a valid marriage.
- Purpose:
Civil marriage is preferred by those intending to have a marriage which is not based on religious practices or those who want a quickly conducted legal procedure. Marriage registration, therefore, is a way to get a legal report on a marriage that has already taken place, so the state would acknowledge the marriage and therefore it is a legal document to evidence in the case of; for instance, any dispute of property, inheritance, or any other civil lawsuit.
- Online Process:
Today, there is often an opportunity to register a marriage at the corresponding department of the Civil Registry Office using online services without a personal contribution of the couple. As for the court marriage registration there is often no option for online registration because it includes the court attendance, but some regions may assume some part of it to be completed online.
LawChef provides professional marriage registration services as well as services for court marriage. Their marriage registration lawyers specialized in marriage registrations\as well as online marriage registration they ensure and facilitate both online marriage registration and court marriage registration. They make sure that the legal procedures are within legal deadlines and fully documented perfectly well from submission to registration. Hence for Couple desirous of the knot through court marriage, LawChef offers all necessary agency under Special Marriage Act and the process is made very easy and convenient. If you prefer to hire a marriage registration lawyer traditionally, or you prefer going for an online assistance, LawChef provides the guarantee of professional marriage registration lawyers to cater your needs at every level.
Conclusion
While both court marriage as well as marriage registration are important procedures in terms of the formal legal certification of a marriage they are essentially very dissimilar processes. Whereas, court marriage is mainly about the legal procedure for a marriage to occur and be recognized, marriage registration is centered towards making the state to recognize the marriage.
For anyone intending to get married the service of a marriage registration lawyer is very important, especially to explain the procedures of each process. A marriage registration lawyer helps a person to deal with different procedures to register a marriage so that a person may not face any lawful complications in the entire process whether he is using court marriage facilities or just want to register his marriage after compromising marriage ceremony.
