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Role of Witness in Court Marriage

What is the role of a witness in court marriage?

Any person can be a witness to court marriage, including family members, friends of the couple, co-workers, and friends. Additionally, it is a requirement for a court marriage that it must be solemnized in front of three witnesses. There are several reasons why people opt for a court marriage. This is an unbiased location to get married because some people may not want to spend money on a lavish Indian wedding, some may practice different religions, and some people may be getting married against the wishes of their families. a witness plays a major role in solemnizing court marriage in India.

As much as it is important to solemnize any marriage with the help of court marriage documents it is also mandatory for any couple, to start the court marriage process, it is necessary and required by the law for those witnesses person to be present while the formalities are taking place for the court marriage.

Role of a witness during the procedure of court marriage

Inter-religious marriages are recognized by the Special Marriage Act of 1954 according to personal laws. After the couple files a notice of planned marriage in the required format with the district’s marriage registrar, announcing their intention to wed, the witness enters the picture. A minimum of one other party to the marriage must have been a resident for at least 30 days prior to the day on which such a notice is given. The court examines each document to see whether the parties are legitimately qualified to wed under the law. After then, it publishes or posts a notice asking for objections. This has a 30-day time frame accordingly.

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When there are no objections to the marriage and the bride and groom are at the marriage registry’s office to sign a declaration acknowledging one another as their legally wedded husband and wife, respectively, the witness enters the picture. The declaration must be signed in front of the registrar in the presence of three witnesses, and it must also be countersigned by the registrar of marriages.

The witness must sign the paperwork and present identification, including their PAN card and evidence of residency, in addition to simply watching the procedure. After the bride, groom, witnesses, and registrar have all signed the declaration, the registrar will enter the information in the marriage registration online certificate record. Then, as exclusive evidence of the solemnization of the marriage, post that ritual marriage registrar will issue a certificate of marriage.

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Documents required by the witness for the court marriage in India

To solemnize any court marriage in India, it is important for the witness to be a valid witness by presenting those documents when required in the process, those documents are:

  • The most crucial document to present to the marriage officer is the witness’s residential verification.
  • The witness must also give their PAN card to the marriage officer.
  • Three passport-sized photos of the three witnesses to the marriage, one from each.
  • a witness’s identification document, such as a driver’s license or Aadhar card.

It’s acceptable if the bride and groom are of legal age and have never been married. A witness won’t cause any legal issues. However, if either the bride or the groom is a juvenile under the law, has not obtained a valid divorce from a prior marriage, or if a vengeful relative of either spouse files a lawsuit, the witness may be summoned to testify.

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In reality, the other couple, who is of legal age, as well as the witnesses, may be charged with a crime if one of the couples is a minor. Basically, the witness may face legal repercussions if any or all conditions have been broken by a single party.

So these are some roles and responsivities of witnesses in a court marriage in India, if you want to get more clarification on the witness for court marriage purposes then, you can contact lead India, our skilled marriage counselor and experts can give you the knowledge and guidance not just about the witness but also about the whole procedure of court marriage.

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