Court Marriage vs. Arya Samaj Marriage: A Comprehensive Guide
Getting married is a significant milestone in one’s life. It’s a union of two souls, a promise of love and commitment that is celebrated with great joy and enthusiasm.
Getting hitched involves making some crucial decisions, such as choosing the perfect destination for your wedding and selecting the right type of marriage ceremony. In India, couples have two options – they can either opt for a court marriage or an Arya Samaj marriage.
In this article, we’ll take you through the process, eligibility criteria, documents required, validity, and legal assistance for both types of marriages.
What is a Court Marriage?
A Court marriage, also known as Marriage Registration, is a simple and quick process. It is a legal way of getting married in India, which does not involve any religious or traditional customs.
The entire procedure is carried out in the presence of a Registrar of Marriage, who solemnizes the marriage. This type of marriage is gaining popularity among modern Indian couples who prefer a low-key, hassle-free ceremony.
The Procedure of Court Marriage
If you’re planning for a Court Marriage in India, you’ll need to follow a few steps to make it official.
- Firstly, you’ll have to fill out a ‘Notice of Intended Marriage’ form, which you can obtain from the Registrar’s office.
- This form includes all essential details such as your name, age, occupation, and address, among other necessary information.
- Once you’ve submitted this form, the Registrar will display it on their office notice board for 30 days to allow for any objections to be raised.
- Assuming there are no objections, the Registrar will then issue a certificate of marriage, which makes your marriage official.
Eligibility Criteria
- The bride and groom should be at least 21 years of age and 18 years of age, respectively.
- They should not be related to each other in any way prohibited under the law.
- They should be of sound mind and should have the capacity to give valid consent to the marriage.
Documents Required
- Passport-size photographs of the bride and groom
- Proof of age (such as a valid passport or birth certificate)
- Proof of residence (such as an Aadhaar card or driving license)
- A witness who is 18 years old or above
What is Arya Samaj Marriage?
Arya Samaj Marriage is another alternative to Court Marriage and is performed according to the Vedic Rituals, as prescribed in the Hindu Marriage Act 1955.
The ceremony is conducted in the presence of a purohit, who chants mantras and performs rituals. This type of marriage is especially popular for inter-religious and inter-caste marriages.
Eligibility Criteria
- The bride and groom should be at least 21 years of age and 18 years of age, respectively
- Both parties should be mentally fit to give their consent to the marriage.
- The bride and groom don’t need to belong to the Hindu religion but must declare that they believe in the principles of the Arya Samaj movement.
Documents Required
- Passport-sized photographs of the bride and groom
- Proof of age (such as a valid passport or birth certificate)
- Proof of residence (such as an Aadhaar card or driving license)
- A witness who is 18 years old or above
- Certificate of Marital Status or an affidavit from a Gazetted officer stating the bride and groom’s marital status
Validity and Legal Assistance
After the completion of the court marriage or Arya Samaj Marriage, the couple will be issued a marriage certificate. This certificate is the legal proof of marriage and is required for several legal proceedings such as applying for a passport, opening a joint bank account, and other official transactions.
In case of any legal hassles or disputes, you can seek legal assistance from a lawyer to get your grievances resolved.
In conclusion, choosing between a court marriage and an Arya Samaj marriage is entirely up to the couple’s preference.
Both are legally valid and binding, and the couple’s decision should depend on their budget, preferences, and beliefs. With the right documents, eligibility criteria, and legal assistance, getting married is a hassle-free process in India.
So, go ahead, take the plunge and celebrate your love and commitment with the perfect wedding ceremony. Although court and Arya Samaj marriages are relatively easy and quick to perform, there are some challenges that couples may face during the process.
In this article, we’ll explore some of the common obstacles couples may encounter and how to overcome them.
Challenges with Court Marriages
One of the biggest challenges with Court marriages is the possibility of objectors. In some cases, individuals may take issue with the proposed marriage and raise objections during the 30-day notice period.
If any objections are raised, the couple must attend a hearing where the objections are addressed. The process can become time-consuming, and the couple may have to wait for a more extended time before their marriage is registered.
Another challenge with court marriages is the verification process. The Registrar of Marriages is responsible for verifying all the details provided by the couple in their application.
This verification can delay the process if the Registrar is unable to verify the details provided. In some cases, the Registrar may request additional information or documentation that the couple must provide before the registration can proceed.
Police verification is also mandatory for all court marriages. The police check the background of both the bride and groom to ensure that they have no criminal records.
This verification process may take time, and the couple may have to wait for several weeks before their registration can proceed.
Solutions to Maintain Secrecy
In some cases, couples may wish to maintain their privacy during the court marriage process. A Delhi High Court judgement in 2014 allowed for an “in-camera” registration of marriages, which meant that the couple’s details were kept confidential and were not published on the notice board outside the Registrar’s office.
This option is available to couples who can demonstrate that their lives may be at risk if their marriage details are made public. Alternatively, couples can choose to have an Arya Samaj marriage instead.
The Arya Samaj is a social organization that promotes Vedic Dharma and conducts marriages without any fanfare. Arya Samaj marriages take less time to perform and allow couples to maintain their privacy.
Challenges with Arya Samaj Marriages
One of the challenges of Arya Samaj marriages is their validity outside India. The marriage certificate issued by the Arya Samaj is not always recognized by foreign embassies, and couples may find it challenging to obtain visas for international travel.
In such cases, couples must have their marriage certificate attested by the Ministry of External Affairs, which can be a time-consuming process.
Another challenge with Arya Samaj marriages is the requirement for witnesses.
Two witnesses who are not related to either the bride or the groom must be present during the ceremony. Finding suitable witnesses can be a challenge, particularly if the couple wishes to keep their marriage private.
Real-Life Example
Let us consider an example of a court marriage. John and Maria wished to get married but wanted to keep their pending marriage private from their family and community.
They decided to have a court marriage and visited the Registrar’s office to start the process. They filled out the necessary paperwork and provided all the mandatory documents, including an affidavit stating that they were not related to each other.
They also submitted their photographs and the required fee. The Registrar posted their notice of intended marriage on the notice board, and they waited for 30 days before the formal marriage could be performed.
After this period, their marriage was solemnized in the Registrar’s office in the presence of two witnesses. Once the formalities were complete, they were given their marriage certificate.
They collected the document from the office after a few days, and the process was completed successfully.
Outcome of the Example
John and Maria were delighted with the outcome of their court marriage. They were able to complete the process as per the legal procedures within a reasonable time.
They collected their marriage certificate and were pleased with the Registrar’s cooperation and efficiency. Over time, they shared the news of their marriage with their family and community, and the couple was pleased that they made the choice to formalize their union in this way.
Conclusion
Court marriage and Arya Samaj marriage are ideal alternatives for couples who wish to have a simple and hassle-free marriage ceremony. Both have their set of procedures, documents requirements, eligibility criteria, validity, and legal assistance.
Couples need to understand these factors before they opt for either of these types. By highlighting the challenges that one may face during these processes and the possible solutions to tackle them, couples can make informed decisions.
Regardless, these types of marriages are valid and legally binding in India and can be an ideal option for couples who wish to maintain their privacy or have inter-religious and inter-caste marriages. Overall, it’s a personal decision that couples need to make considering their preferences and beliefs.
