Even today's marriage is a germ from which many rights, such as conjugal rights, maintenance rights, succession rights, etc., sprout. It unites a man and a woman. Neither party is entitled to any of these rights if a marriage is determined to be unlawful or void. The validity of a marriage is therefore extremely crucial, which raises the vital question of the legal measures one should take before getting married in a temple.
One method of entering into this partnership has historically been to get married in a temple. If all legal criteria are met, a marriage that takes place in a temple is equally valid.
Although practically everyone is familiar with the marriage rituals and the majority of Hindu families carry out the required rites and ceremonies, it is important to comprehend the legal Prior preparations required for a temple wedding
This is due to an increase in love marriages, which has led to an increase in temple marriages as a result.
The issue with marriage is not how it is performed, but rather how it will fare in court if its legality is later questioned.
The need to solve this is made more pressing by the fact that the younger generation frequently encounters difficulties because they are unaware of these fundamental necessities.
Legal Provisions:
Several personal laws, like the Hindu Marriage Act of 1955 and the Indian Christian Marriage Act of 1872, among others, regulate marriage. A person can choose to get married under their personal law or under civil law, specifically the Special Marriage Act of 1954. The Special Marriage Act of 1954 or personal law can both be used to register the marriage. The legal provisions of the law under which the marriage was performed give it validity. It must be assessed whether the legal conditions under the Hindu Marriage Act, 1955, have been met, for example, if both parties are Hindus and have performed a marriage in accordance with Hindu law. If the qualifying conditions are not met, the marriage is deemed null and void and has no legal status.
Hence, determining which legislation applies to both parties is the first and most crucial step before getting married. We'll examine the specific conditions under the Hindu Marriage Act of 1955 and the Special Marriage Act of 1954 because temple marriages typically include unions of two Hindus or of a Hindu and a non-Hindu.
Arya Samaj Marriage:
Being married in an Arya-Samaj temple is a prevalent custom. The legal definition of a person who practices Hinduism encompasses all of its manifestations, including Arya Samaj adherents. The next section discusses the steps of such a marriage:
Taking pictures of the marriage ceremony as it is being performed Such images serve as a crucial piece of marriage-related documentation.
Both parties must sign an affidavit declaring that they are getting married according to Hindu tradition (riti-rivaz) (customs and traditions).
The parties have "converted" to Hinduism through the shudhi ceremony and have adopted Hindu names if neither or both of them are already Hindus.
The bride and groom are both over the age of 18, and both have left their homes of their own free will, taking nothing with them other than the clothing they are currently wearing.
The sub-divisional magistrate attesting to the affidavits
The issuance of the certificate by the temple, which also contains a marriage registration into a register kept by the temple,
The certificate and images are also used to register the marriage under the Special Marriage Act of 1954.
From the viewpoint of the law, a marriage performed in a temple is lawful. The legislation that all parties are subject to must be established. The requirements outlined by the law must be met. If the marriage is Hindu, then the rituals must be carried out. To serve as proof that the marriage was solemnized, the temple must produce an authorized certificate of marriage or, in the alternative, a document that has been properly signed.
court marriage Delhi can be done if the couple lives in Delhi. Moreover, court marriage fees Mumbai can be paid if the court marriage has been done in Mumbai. court marriage Ghaziabad can also be done.
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