Now marriages are virtually registered under the Special law without requiring a physical appearance. Now read more about it!
Technology is changing, and every sector has marched along with it. The law of the country is no exception. Especially during the times when the pandemic has made people shift online for everything, why shouldn’t marriages be registered virtually? This is what the judiciary of India implemented by legalising marriage virtually as per the Special Marriage Act without a physical appearance in August 2021. The simple thought of ‘update along with technology’ made the Judiciary of India Punjab and Haryana high court dismissing against the appeal made by the Government of Haryana. Now, let’s learn about what the Special Law is?
What is Special Law?
Special Law refers to the Special Marriage Act of 1954, approved by the Indian Parliament. But what is Marriage under Special Law? As the act of the Indian Parliament, it comes with the provision of civil Marriage or registered Marriage for Indians irrespective of their religion, faith, or party. Further, personal laws do not govern marriage under special laws. Initially, the special Law was known as Act III of 1872. Later in 1954, the parliament of India replaced the latter with the special marriage act of 1954.
The main objective of the special Law is to provide a special form of Marriage in certain areas, provide registration for certain marriages and further provide divorce. It can also apply to marriages under special Laws for inter-caste and inter-religion marriages. The opposition parties believed the Law would encourage lust and lead to immortality.
How can Marriage be registered under this Law?
For registering marriage under the special Law, both parties should be present when submitting documents for the issue of public notice. A copy of the notice is kept in the office, and the other copy is sent as a registered post to both parties. Registration for the special Law is done 30 days after the notice. The witnesses are also required to be present on the date of registration.
To,
The marriage officer of the ——————- district.
We, at this moment, provide the notice that Marriage the Special marriage act indents to solemnise between us within three months from the date of
Name
condition
occupation
Age
Current residence
Permanent residence
Length of residence
Solemnising our bond on this —————- day of ———-.
We are not in the degree of a prohibited relationship.
For the registration process, the couple has to fill in the form mentioned above and submit it along with important self-attested documents like proof of address, birth certificates of both the parties, two passport size photographs, separate marriage affidavits for husband and wife, Marriage invitation card, and finally the Aadhar card. Along with all the required documents and forms of the couple, the PAN card or proof of residence of the witnesses is also essential to validate the marriage registration online.
Furthermore, you can also consult a professional to understand the virtual marriage registration process better. They will let you know how to go by the entire procedure.
How virtual registration will be helpful for individuals
With the coming of virtual registration in India, more people stranded in their places and who cannot make their physical presence can legally make their Marriage valid through virtual registration. Especially during the times like these, when a pandemic has gripped the world in its fingers, virtual registration of Marriage has become essential. Further, keeping in mind the difficulties of individuals like these, the Government of India and the Judiciary of India implemented the marriage legalisation virtually as per the Special marriage act 1954.
Many individuals could register their Marriage legally online. They need not spend time travelling to the marriage registration office of their respective districts. Instead, apply for the same online and get your registration copy through registered post. Several states have implemented virtual registration of Marriage.
One such example is that of the Kerala High court implementing the virtual solemnisation of the Marriage as directed by the latter to the Marriage Officer of the particular district in Kerala. This was done considering the travel restrictions in Kerala in the wake of Omicron. Thus, while situations like these persist in India, virtual marriage registration under the special marriage act has become a boon to individuals living abroad.
Further, the Delhi high court also ruled in favour of online registration of marriages under special Law. Moreover, stated that in present times the citizens of the country cannot be deprived of exercising their laws to a rigid interpretation of the “physical presence” of both the parties. This has increased the confidence of Individuals who cannot be physically present while the situation doesn’t permit them.
At times when human life has become highly unpredictable, the virtual registration of marriages under special Laws has given the individuals a ray of hope. Especially with more and more cases of sudden demise persisting in the country, the special Law will be highly beneficial for the family left behind the departed souls. Further, the spouse of the demised can claim and acquire the rights on the inheritance of their partner.
Further, virtual marriage registration has become essential for legal security for you and your family, similar to regular marriage registration. Especially at times like these when life expectancy has become a mere fantasy, all the individuals who are the citizens of India have the right to choose the marriage registration process and are not limited to the offline registration process. Instead, they can speed up the process by virtually registering their Marriage under the special Law.
Conclusion:-
To conclude, marriages under special Laws can be registered virtually. Further, the Judiciary of India has given its full consent to couples who wish to get married and register their marriage online. Under the Special Marriage Act of 1954, anybody who is a citizen of India can register their Marriage online or offline as per their convenience, despite their religion, caste, and creed. Further, the Marriage will be considered legally valid, and the spouse can enjoy all the rights that come under the offline registration of Marriage. So, next time somebody wants to know about the special Law and virtual marriage registration, let them know that it is legal. If you have any queries reach out to Vakilsearch.
