Witnesses Required For A Court Marriage
Date : 18 Aug, 2023
Post By admin
Marriages can take many different forms in India. Both registered marriages and customary marriages are recognized as lawful by the Indian constitution. Based on particular norms that are recognized by law, customary weddings are legitimate. Some provisions relating to marriage registration are included in the Special Marriage Act. The related Acts cover the subject of marriage registration eligibility.
Online or offline marriage registration must adhere to certain rules and include the necessary paperwork. The witness is crucial in the registration of marriage. When a marriage is planned to be solemnized in the registrar's office, the court mandates that the parties provide at least three witnesses to the ceremony who will sign a form at the registrar's office stating that they witnessed the marriage.
Need For A Witness During Registration Of Marriage
In India, weddings are typically planned like festivities. A large number of guests are invited to the wedding to witness the ceremony. The guests may be called as witnesses to assist the court in determining if the marriage was lawful in the future if a dispute arises before a court of law.
Court marriages and marriages that are submitted to the registrar's office for registration take place in the office's private area. In order to ensure that justice can be served if a subsequent marriage-related dispute occurs using the evidence and witnesses present, the law establishes the necessity of three witnesses.
Court marriages and marriages that are submitted to the registrar's office for registration take place in the office's private area. In order to ensure that justice can be served if a subsequent marriage-related dispute occurs using the evidence and witnesses present, the law establishes the necessity of three witnesses.
Who Can Become A Witness?
No specific witness's presence in the registrar's office is required for the start of the marriage, according to any provisions. Any person willing to be present during the marriage may serve as the witness. Family members of either side, relatives, acquaintances, coworkers, or any other individual qualified to serve as a witness for the marriage registration may serve as witnesses.
The witness must be a legal citizen of India and have all the necessary documentation to be produced before the Marriage Officer.
The witness must be a legal citizen of India and have all the necessary documentation to be produced before the Marriage Officer.
You may find it interesting to read our article discussing : How To Prove Your Second Marriage In Court
Documents Required From A Witness
Certain documents must be provided before the Marriage Officer by a witness in the marriage registration:-
☑️ The witnesses must present residential verification of their address to the Marriage Officer.
☑️ The witnesses' identification must be shown to the Marriage Officer in the form of an Aadhar card, voter identification card, driving license, etc.
☑️ Another important document that witnesses must show before the Marriage Officer is their PAN card.
☑️ During marriage registration, each witness must submit a passport-sized image to the Marriage Officer.
☑️ To be recognized as witnesses to that marriage, the witnesses must sign the form provided.
☑️ A witness may be required in the marriage if one of the bride's parents signs. If the parents are not living, missing, or unavailable for whatever reason, the three witnesses can carry the remaining essentials.
☑️ The documents must be genuine and valid. If any document is produced falsely or inaccurately, the witness will not be registered.
☑️ Before signing themselves as witnesses, the witnesses must be of sound mind and have obtained a majority.
☑️ The witnesses must present residential verification of their address to the Marriage Officer.
☑️ The witnesses' identification must be shown to the Marriage Officer in the form of an Aadhar card, voter identification card, driving license, etc.
☑️ Another important document that witnesses must show before the Marriage Officer is their PAN card.
☑️ During marriage registration, each witness must submit a passport-sized image to the Marriage Officer.
☑️ To be recognized as witnesses to that marriage, the witnesses must sign the form provided.
☑️ A witness may be required in the marriage if one of the bride's parents signs. If the parents are not living, missing, or unavailable for whatever reason, the three witnesses can carry the remaining essentials.
☑️ The documents must be genuine and valid. If any document is produced falsely or inaccurately, the witness will not be registered.
☑️ Before signing themselves as witnesses, the witnesses must be of sound mind and have obtained a majority.
Responsibility Of A Witness
You must fulfill certain tasks as a witness for marriage registration. The witness witnessed the entire process and relied on providing proof of it.
☑️ As a witness to the registration of marriage, you must recognize the couple for whom you are providing your presence and whether or not they are legally eligible to marry.
☑️ It is your job as a witness to marriage registration to deliver all essential documents to the Marriage Officer correctly.
☑️ The witness should be prepared to appear in court whenever a disagreement concerning the marriage arises.
☑️ It is your responsibility to work with the legal system if an investigation into the same is conducted.
☑️ As a witness to the registration of marriage, you must recognize the couple for whom you are providing your presence and whether or not they are legally eligible to marry.
☑️ It is your job as a witness to marriage registration to deliver all essential documents to the Marriage Officer correctly.
☑️ The witness should be prepared to appear in court whenever a disagreement concerning the marriage arises.
☑️ It is your responsibility to work with the legal system if an investigation into the same is conducted.
Procedures To Be Followed
Witnesses are necessary everywhere, whether it is a judicial marriage registration under the Special Marriage Act or an Arya Samaj marriage. If a marriage is performed under the Special Marriage Act of 1954, the court sends a notice to the couples' families to ensure that there is no dispute that could jeopardize the wedding.
After 30 days, the parties are needed to show witnesses before the court during the marriage's occurrence. The witnesses must appear in person at the registrar's office and provide the appropriate documentation. The witnesses must sign the document and agree to witness the marriage after it has begun. Family members are regarded as the best witnesses under the Special Marriage Act.
Witnesses are also required for Arya Samaj's marriages. During the rituals, the same number of witnesses must be present, and their photos and signatures are taken as proof of witness. The witness must be present on time and with all necessary documents. They will be present for the entire ceremony and will recognize it in the same way. The witness must sign the papers once the marriage has begun.
After 30 days, the parties are needed to show witnesses before the court during the marriage's occurrence. The witnesses must appear in person at the registrar's office and provide the appropriate documentation. The witnesses must sign the document and agree to witness the marriage after it has begun. Family members are regarded as the best witnesses under the Special Marriage Act.
Witnesses are also required for Arya Samaj's marriages. During the rituals, the same number of witnesses must be present, and their photos and signatures are taken as proof of witness. The witness must be present on time and with all necessary documents. They will be present for the entire ceremony and will recognize it in the same way. The witness must sign the papers once the marriage has begun.
Liabilities Of A Witness
Being a witness is an important part of the marriage registration process. The Indian Evidence Act of 1872, describes what a witness is. You become liable for the marriage by being a witness.
If a couple marries fraudulently by lying about their age or other eligibility considerations, the witnesses will be held accountable as well. The provision is expressed in Section 118 of the Indian Evidence Act. If you see something of your own volition, you will be held accountable for the same behavior.
The marriage of a minor girl is considered an offense under the Indian Penal Code. So, if you are witnessing the marriage of a couple in whom one or both parties are under the age of majority and provide phony copies before the registrar's office, you would be held guilty under Section 34 of the Indian Penal Code as well.
If a couple marries fraudulently by lying about their age or other eligibility considerations, the witnesses will be held accountable as well. The provision is expressed in Section 118 of the Indian Evidence Act. If you see something of your own volition, you will be held accountable for the same behavior.
The marriage of a minor girl is considered an offense under the Indian Penal Code. So, if you are witnessing the marriage of a couple in whom one or both parties are under the age of majority and provide phony copies before the registrar's office, you would be held guilty under Section 34 of the Indian Penal Code as well.
Conclusion
Many people have been invited to the wedding and will be present to witness the ceremony. If a dispute arises, the guests may be called as witnesses to assist the court in evaluating the validity of the marriage. Being a witness to a couple's marriage entails a number of obligations and liabilities. So, be cautious to verify the authenticity of the documents and witnesses you provide.
