What is the procedure for court marriage under Muslim law
28-Jul-2023 (In Muslim Law Law)
I want to know entire process of cout marriage as per Muslim law.
Dear Client! First of all you have to perform a Nikah according to muslim rituals&customs. Wether shiite or sunnie, then after such solemnisation of marriage the registrar of marriages shall register the marriage and provide a certificate.
And marriage shall be registered in accordance with muslim marriage act.
And marriage shall be registered in accordance with muslim marriage act.
On the above-mentioned query the process of court marriage under Muslim law that file a marriage application in the special marriage act with all the documents like High-school certificate, address proof like house tax receipt or electricity bill, photographs of bride and groom in the hon'ble court of district magistrate. And then the next date fixed by the staff/peshkar after 45 days. In between the notices sent from the court to the bride and groom's address. If their is no problem and no objection then the hon'ble court may allow and finally dispose off the application. And issue the marriage certificate.
Assalamualaikum, first of all both parties will be major and there original documents such as adhar card, high school certificate, are must for this procedure. Nikah is must, this nikah read by maulvi who will be registered. 4 witnesses must. After it file the suit in court on behalf of documents and girl consent marriage will be successful.
Court marriage under Muslim law is a legal process that allows individuals of the Muslim faith to solemnize their marriage before a magistrate or registrar, however, this is applicable under the Special Marriage Act. Here's a step-by-step procedure for court marriage under Special Marriage Act.
- Eligibility: Ensure that both parties meet the legal eligibility criteria for marriage. The parties should be of sound mind, have reached the age of puberty, and be willing to marry each other without any legal impediments like close blood relations.
- Notice of Intention: Both parties need to give a written notice of their intention to marry to the Marriage Registrar of the district where at least one of them has resided for at least 30 days prior to giving the notice.
- Form Submission: Obtain the prescribed marriage form from the Marriage Registrar's office or website. Fill it out accurately and completely.
- Affidavits: Prepare affidavits stating the date of birth, marital status, and nationality of both parties. These affidavits should be notarized.
- Witnesses: Arrange for two witnesses who are not blood relatives to either party. They should have valid identification.
- No Objection Certificate (NOC): If either party is a foreign national or has been residing abroad, they may need a No Objection Certificate from their respective embassy or consulate.
- Appointment: Visit the Marriage Registrar's office and schedule an appointment for the court marriage. The date and time for the ceremony will be fixed accordingly.
- Presence of Parties: On the scheduled date, both parties, along with their witnesses, should appear before the Marriage Registrar.
- Verification: The Marriage Registrar will verify the documents, identities, and eligibility of the parties.
- Declaration: Both parties will be required to declare that they are marrying each other willingly and without any coercion.
- Sign the Register: After verification and declarations, both parties will sign the marriage register along with their witnesses. This officially records the marriage.
- Marriage Certificate: The Marriage Registrar will issue a marriage certificate, also known as a Nikahnama, which is a legal document confirming the marriage. This certificate is essential for legal purposes.
- Registration: It's advisable to get the marriage certificate registered with the local authorities for added legal validity.
- Additional Steps: Depending on the local regulations and customs, there may be additional steps or ceremonies involved, such as a religious marriage ceremony.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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