Yurist & Partners

Q1. What is Marriage Registration before a Marriage Registrar? A.    You have already performed your ceremonial Hindu Marriage, Arya Samaj Mandir Marriage, Anand Marriage in a Gurudwara,   Muslim Marriage, Christian Marriage,   however, by way of proof of your marriage, you only have marriage photographs, marriage video, Arya Samaj Certificate or Gurudwara Certificate or Nikah Nama or Church Marriage Certificate, but you are in need for Marriage Certificate issued by some Government Statutory Bodies, Your Hindu Marriage, Arya Samaj Mandir Marriage, Anand Marriage in a Gurudwara,   Muslim Marriage, Christian Marriage   is perfectly legal and valid all over India, however, by way of proofs of your marriage, many institutions even in India do not accept your marriage photographs, marriage video, Arya Samaj Certificate or Gurudwara Certificate or Nikah Nama or Church Marriage Certificate; further, foreign embassies in India and foreign countries outside...

Q1. What is Court Marriage? The parties can directly apply to the Marriage Registrar for performance & registration of marriage and grant of marriage certificate, which is generally termed as Court Marriage. Q2. Who may perform Court Marriage? Any person irrespective of religion may perform Court Marriage.  Even Hindus, Buddhists, Jains, Sikhs can also perform Court Marriage. Muslims, Christians, Parsis or Jews can also perform Court Marriage. Inter-Caste Marriages and Inter-Religious Marriages can also be performed as Court Marriage. Q3. What are the Requirements for Court Marriage? Court Marriage is a civil contract, and hence, there are no rites or ceremonial requirements. As per law - The parties have to file Notice of Intended Marriage in the specified form to the  Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such not...

Q. The first thing to know about and consider is "Prenuptial Agreement" if you are unmarried, and if already married, why not to have Postnuptial Agreement? Why to have Prenuptial Agreement or Postnuptial Agreement? What are its advantages? A. Somebody stated, “Marriage is a union of two hearts”. Wake up! No more it is a union of two hearts only. Marriage means many things…       Marrying Persons may not have disclosed many things to each other during engagement or roka or courtship, such as their marital status before marriage, the actual earnings they have, properties being owned by them etc., which disclosers you might like to get before getting married in the form of Prenuptial Agreement. Why is it important?                 Take an example; you might be getting married to an already legally married person; it is happening every now and then. Many people get mar...

The issue of live in relationship The article deals with the issue of live in relationship which is very common these days.  However, the law on this issue is not very clear either in India or abroad. While case by case basis court is adumbrating the law with regard to live in relationships, there are many questions that need to be answered. The rights guaranteed to female live in partners along with the rights of children born out of such relationships ought to be secured. However, it has to be kept in mind that when the law is giving legal sanction to live in relationships, it does not impede upon the institution of marriage as many a times men who get into live in relationship is already married. If live in relationships are recognized prima face, then it may implicitly promote bigamy. The law should have a discernible stance with respect to live in relationships and the aftermath of such relations. “Cohabitation   or   live-in relationships”   is arrang...

There are several documents which are not compulsorily registerable under Section 17 of the Registration Act. Some of them require high stamp duty under the Karnataka Stamp Act and some of them do not. Even the ones which require high stamp duty, if they are under stamped, can be rectified later by paying a penal amount 10 times the original amount. Non payment of stamp duty does not make the document void or otherwise invalid. The consequences of under stamping as per the stamp act are 1. To make the document inadmissible in evidence before any authority capable of receiving evidence of before any public authority. 2. The document can also be impounded for enforcing the payment of full stamp value. An under stamped instrument can be admitted as evidence in court if penal stamp duty 10 times the value of the original amount is paid. The following are the list of documents that do not require registration: Power of attorney that is given except power to sell property  D...