About Marriage Law in Ernakulam, India
Marriage in Ernakulam, like the rest of India, is a sacrament and is governed by a multitude of laws based on religion, community, and personal preference. The two primary laws that govern marriages are The Hindu Marriage Act, 1955, that applies to Hindus, Sikhs, Jains, and Buddhists and The Special Marriage Act, 1954, which is applicable to all citizens without consideration of religion. In addition to these, there are separate laws like the Indian Christian Marriage Act, 1872, and Muslim Personal Law (Shariat) Application Act, 1937 for Christians and Muslims respectively.
Why You May Need a Lawyer
Marriage law can be complex due to the existence of multiple acts and provisions. People may need a lawyer for arranging and managing legal paperwork for marriage registration under the appropriate Act. A lawyer is also necessary when dealing with matters like divorce, child custody, spousal support, and distribution of property upon separation. Moreover, for legal advice regarding Inter-caste and inter-religious marriages, and for handling issues such as domestic violence, dowry harassment, and alimony disputes, the assistance of a lawyer is beneficial.
Local Laws Overview
In Ernakulam, all the above-mentioned marriage laws of India are upheld. It is essential that couple intending to get married should submit a notice in writing with the specified fees to the Marriage Registrar of the district. No marriage in India can be contracted without at least one party being present. Additionally, the consent of the parties involved in a marriage must be free and not obtained by force or fraud. Marriages have to be registered in court to make them legally complete. Marriage registration can be done either under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954, based on the circumstances and preferences of the parties involved.
Frequently Asked Questions
1. What is the minimum age for marriage in Ernakulam?
The minimum age for marriage in India, including Ernakulam, is 21 years for males and 18 years for females. This is applicable to all religions.
2. Can I marry outside my religion in Ernakulam?
Yes, interfaith marriages are permissible under The Special Marriage Act, 1954 which is valid throughout India.
3. What documents are necessary for marriage registration in Ernakulam?
Documents like age proof, identity proof, address proof, marriage invitation card, and photographs are some of the documents necessary to register a marriage in Ernakulam.
4. What if one party is not a resident of India?
Even if one party is a foreign citizen but wishes to marry an Indian citizen they can do so under The Special Marriages Act, 1954 provided they meet the eligibility conditions.
5. How long does it take to get a marriage certificate?
After the marriage is registered it usually takes about a week to obtain the marriage certificate.
6. Can I apply for a marriage certificate online in Ernakulam?
Yes, most states in India including Kerala have provision for applying for marriage certificate online.
7. What can I do in case of a dispute in the marriage?
In case of any dispute in the marriage, it's advisable to consult a lawyer through the family court of Ernakulam.
8. What are the grounds for divorce in Ernakulam?
Grounds for divorce in Ernakulam are similar to rest of India and they include cruelty, desertion, conversion to another religion, impotency, mental disorder etc.
9. Can we solemnise our marriage in any place in Ernakulam?
Yes, you are free to solemnise your marriage at any location within in Ernakulam. However, the marriage has to be registered in a local marriage registry office.
10. Is same-sex marriage legal in Ernakulam?
In India, including Ernakulam, same-sex marriages are currently not recognized by law.
Additional Resources
The official website of the Kerala government and the district court's website provide comprehensive knowledge about marriage laws. Other than this, the Family Court of Ernakulam can also be utilized for any legal advice related to marriage and divorce. Several NGOs and women's rights organizations also provide legal aid on marriage-related issues.
Next Steps
If you require legal help regarding marriage in Ernakulam, start by consulting a reputed family or marriage lawyer. They will guide you through the process, explain the legal jargon, and help you understand what actions you need to take. Make sure to gather all the necessary documents and proof required for a seamless legal process.
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