Nikah Marriage Registration

Muslim Marriage

Marriage (nikah) is a solemn and sacred social contract between bride and groom. This contract is a strong covenant (mithaqun Ghalithun) as expressed in Quran 4:21. The marriage contract in Islam is not a sacrament. It is revocable.
The Muslim marriage is governed not by the Indian Majority Act, 1875 but by Muslim law itself. According to Muslim Law, Marriage / ‘Nikah’ is a contract underlying a permanent relationship based on mutual consent.

Essential Features Of Muslim Nikah.

  • A Muslim marriage requires proposal (Ijab) from one party and acceptance (Qubul) from the other as is required for a contract.

 

  • There can be no marriage without free consent and such consent should not be obtained by means of coercion, fraud or undue influence.

 

  • Just as in case of contract, entered by a guardian, on attaining majority, so can a marriage contract in Muslim Law, be set aside by a minor on attaining the age of puberty.

 

  • The parties to a Muslim marriage may enter into any ante-nuptial or post-nuptial agreement which is enforceable by law provided it is reasonable and not opposed to the policy of Islam. Same is the case with a contract.

 

  • The terms of a marriage contract may also be altered within legal limits to suit individual cases. Although discouraged both by the holy Quran and Hadith, yet like any other contract, there is also provision for the breach of marriage contract.
  • Certificate of marriage is a document providing social security, self-confidence particularly among married women.

 

  • Certificate of marriage is useful in getting the visa for the wife/husband. For the proof of marriage in foreign embassies in India and Foreign Countries outside India, you need to have Marriage Registration Certificate. While applying for Spouse VISA, the foreign
    Embassies ask for Marriage Registration Certificate is necessary.

 

  • Certificate of marriage is a document, which provides valuable evidence of marriage. In the unhappy circumstances of disputes (whether civil or criminal) between the spouses relating to divorce, dowry, maintenance and other cases, Marriage Registration.

 

  • It will be helpful in claiming the Bank deposits or Life Insurance benefits when the depositee or the Insurer dies without a nomination or otherwise.
  • Application form duly signed by both husband and wife.

 

  • Documentary evidence of date of birth of parties (Matriculation Certificate / Passport / Birth Certificate). Minimum age of both parties is 21 years for male and 18 years for female, at the time of registration under the Special Marriage Act/Hindu Marriage Act.

 

  • Affidavit duly signed by the couple.

 

  • Two passport size photographs of both the parties and one marriage photograph.
    Marriage invitation card.

 

  • If marriage was solemnized in a religious place, a certificate from the priest is required who solemnized the marriage.

 

  • Affirmation that the parties are not related to each other within the prohibited degree of relationship as per Special Marriage Act. 

 

  • Attested copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.

 

  • In case one of the parties belong to other than Hindu, Budhist, Jain and Sikh religions, a conversion certificate from the priest who solemnized the marriage (in case of Hindu Marriage Act).

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