Read this blog to learn more about the eligibility of becoming a witness for the marriage registration of a couple in India.

In India, marriages are carried out in several forms. The constitution of India gives both the customary and registered marriages the status of a valid marriage. The customary marriages are valid based on specific customs recognised by law. The Special Marriage Act provides some provisions regarding marriage registration. The eligibility for marriage registration is discussed in the associated Acts.

The Marriage registration online or offline requires certain documents and must follow some procedures to become valid. In the registration of marriage, the witness plays a vital role. When a marriage is intended to be solemnised in the registrar’s office, the court requires the parties to produce at least three witnesses to attend the ceremony and register themselves in the registrar as they witnessed the marriage. 

In this article, we will discuss a witness’s eligibility and responsibilities in registering a marriage. 

Why is a Witness Required for Marriage Registration?

In general, marriages in India are organised as festivals. With many people are invited to the marriage witnessing the ceremony. When a question arises before the court of law in the future, the guests can be called up as witnesses to help the court decide the validity of the marriage.

The court marriages or marriages that come for registration in the registrar’s office occur in the closed compartment of the office. The law specifies the requirement of 3 witnesses to ensure, If any subsequent dispute arises related to marriage, justice can be served relying on the evidence and witnesses present there.

Who Can Become a Witness?

No provisions define the requirement of any specific witness to be present in the registrar’s office during the commencement of the marriage. The witness can be any person willing to be present during the marriage. The witnesses can be family members of either party, relatives, friends, colleagues, or any other person eligible for being a witness for the marriage registration. 

The witness must be a legal citizen of India and have all the necessary documentation to be produced before the Marriage Officer. 

Documents Required from the Witness   

Before the Marriage Officer, certain documents must be produced by a witness in the marriage registration.

• The witnesses must produce the residential proof of their residence before the Marriage Officer. 
• Identification proof of the witnesses in the form of an Adhar card, voter identification card, driving license, etc., must be produced before the Marriage Officer.
• PAN card is another essential document required from the witnesses to be produced before the Marriage Officer.
•  A passport size photograph of each witness shall be submitted to the Marriage Officer during marriage registration. 
• The witnesses must sign the form provided to recognise themselves as witnesses of that marriage.
• A signature of one of the bride’s parents may require a witness in the marriage. The three witnesses can carry the rest of the necessities if the parents are not alive, missing, or unavailable for any reasonable cause.
• The documents need to be authentic and valid. The witness will not be registered if any document is produced fraudulently or incorrectly.
• The witnesses must have soundness of mind and attain a majority before signing themselves as witnesses.

How Many Witnesses Are Required For Marriage Registration? 

In India, two witnesses for marriage registration are required for sure. They need to sign the marriage registration form attesting to their presence and the legality of the marriage and that they were present during the marriage ceremony.

As per the Marriage Registration Witness Eligibility, they need to be free from any marital disputes, mentally sound, and be eighteen or older. They might be the bride and groom’s close friends, relatives, or acquaintances. They must show valid identification, such as a driver’s license, voter ID card, or passport, to prove their identity and age.

Can Family Members Become Witnesses In Marriage Registration? 

Family members may testify at a marriage registration if they satisfy the Marriage Registration Witness Eligibility criteria. In India, a witness must be at least eighteen years old, mentally sound, and not a married couple.

However, it’s important to remember that family members may not always be allowed to act as witnesses for marriage registration. A family member may not be allowed to testify if they are underage or if they have a stake in the outcome of the marriage—for example, if they are one of the parties’ parents or siblings.

Responsibilities As a Witness

As a witness for marriage registration, you have to perform certain responsibilities. The witness observed the whole process and relied on giving proof of the same.  

• As a witness to the registration of marriage, you need to acknowledge the couple for whom you are giving your presence and are they legally eligible to marry or not.
• As a witness of marriage registration, it’s your responsibility to present all the required documents correctly to the Marriage Officer
• The witness should be prepared to be present in the court whenever needed relating to a dispute regarding the marriage
• It is your responsibility to cooperate with the legal system whenever an investigation regarding the same

Processes to be Followed

Whether it is a court marriage registration under the special marriage Act or Arya samaj marriage, witnesses are required everywhere. If a marriage occurs under the special marriage Act, 1954, the court sends a notice to the parties’ families to ensure there is no presence of any dispute that can cause hindrance in the wedding. 

After 30 days of the notice, the parties are required to produce witnesses before the court during the occurrence of the marriage. The witnesses must present before the registrar’s office and submit all necessary documents. The witnesses shall sign the form and accept witnessing the marriage after the commencement. In the special marriage Act, family members are considered optimum witnesses. 

Witnesses are also essential in Arya samaj marriages. The same number of witnesses must be present during the rituals, and their photos and signatures are taken as proof of witness. The witness must be present in time, with all the required documents. They shall witness the whole ceremony and recognise it in the same way. The witness must sign the document after the commencement of the marriage. 

What Liabilities Does a Witness Carry?

Being a witness is an essential role in the registration of a marriage. The Indian Evidence Act 1872: https://incometaxindia.gov.in/pages/acts/indian-evidence-act.aspx explains the role of a witness. By being a witness, you become liable for the marriage. 

If a couple marries fraudulently by misrepresenting their age or other eligibility factors, the witnesses will also be liable for the same act. Section 118 of the Indian Evidence Act expresses the provision. If you witness something of your own will, you will be responsible for the same action.

The marriage of a minor girl is treated as an offence under the provisions of the Indian Penal Code. So if you are witnessing the marriage of a couple where a party or both are under the age of majority and produce fake copies before the registrar’s office, the witness will be liable too under the provisions of section 34 of the Indian penal code.

FAQs:

1. Can mom and dad be witnesses in marriage?

Yes, any adult of sound mind can be a marriage witness, including parents. They just need to be present, mentally alert, and understand the ceremony.

2. Can witnesses be husband and wife?

Yes, married couples can be witnesses for each other or another couple's wedding. Their legal union doesn't affect their eligibility.

3. What is the age limit to be a Witness in Marriage?

Age requirements vary by location, but typically, witnesses must be over 18 (or the legal age of adulthood) and possess the mental capacity to understand the proceedings.

Conclusion:-

Being a witness to a couple’s marriage attracts some responsibilities and liabilities. So, make sure for whom you are giving witnesses and whether the documents are genuine. Also, if you wish to get a marriage certificate quickly, without any hassle, get in touch with VakilSearch. Our experts will help you apply for a marriage certificate online. And you will receive the certificate in hand in just a few days.