When two people marry from different cultural backgrounds, the Special Marriage Act kicks in to prevent any fraudulent marriage registration. The Special Marriage Act of 1954 was enacted to bring uniformity to the various marriage rituals. If someone commits a fraudulent marriage registration under the Act, appropriate action must be taken against him.
With a population of various religions, India has a diverse set of cultural practices and customary rules. The Indian constitution recognized some customs and converted them into personal laws to prevail over the customs followed by a large group of people.
A marriage under the Special Marriage Act necessitates the production of certain documents to prove the associated persons’ eligibility. The Special Marriage Act governs the majority of inter-religious marriages. Marriage had to be solemnized and registered in the registrar’s office, in the presence of the office holder and the required witnesses, under this Act.
If you want to go for a court marriage but also have religious rituals, you should consider an Arya samaj marriage. This also necessitates the production of the necessary documents and witnesses. In addition, if you are already married, you can register for your wedding at the same or at a later date.
Often, one or both of the parties involved in the marriage commit fraud. This type of fraud or misrepresentation of facts can have serious legal ramifications. To obtain a valid marital status, all facts and documents about the marriage must be truthfully disclosed in court. In this article, we will discuss marriage fraud and the legal provisions in place to deal with it.
Marriage Registration Requirements
- According to the Special Marriage Act of 1954, certain essential criteria must be met, and certain documents must be produced to prove the validity of the marriage.
- To register a marriage under the Special Marriage Act, you must be legally capable of marrying and consenting to be a party to it.
- The parties must be of marriageable age as defined by Indian law. Which is 21 years or older for males and 18 years or older for females. There is a proposal to raise the marriage age from 18 to 21.
- The parties must have given their free consent to marry without any duress, cohesion, undue influence, or error.
- The parties must provide documentation proof of their personal information to the sub-registrar in the form of a matriculation certificate, PAN card, Adhar card, or voter card.
- To witness the marriage and testify later, the parties must bring at least three witnesses from either side.
- A witness can be anyone, including family, friends, relatives, or anyone else who is qualified to testify.
- The signatures of the parties, as well as the signature of the witness, are required for the marriage to begin.
MARRIAGE CERTIFICATE ATTESTATION
The Importance of Compulsory Registration
If one party acts fraudulently in any type of marriage, the other party must suffer severe consequences. Marriage certificate attestation is required to ensure justice among married couples.
Marriage registration binds both parties to marry legally within the confines of the law. If any fraud occurs during the marriage, the registration assists the court in deciding the case. If an adequate amount of compensation is provided to the victim, the marriage registered by fraud is declared null and void, and necessary actions are taken against the party who caused the fraud.
The Law Commission has proposed to the Law Ministry that registration be made mandatory. During the acquisition of a fraudulent marriage, the unavailability of records becomes a major part of the defense. Registration must be mandatory in all states to ensure the availability of marital records.
What Kinds of Frauds Are Possible?
- If any required process or document is produced or done incorrectly to conceal certain facts, and the other party is aware of the same facts, the marriage will not be registered. Frauds come in many forms.
- Fraud is committed when one or both parties have not attended the eligible age of marriage but present documents proving their marital age as suitable.
- Fraud is committed when a person falsely claims to be of marriageable age to obtain the consent of the other party.
- It is considered fraud if a person is previously married and has a living partner without having divorced but represents himself as unmarried to obtain consent.
- Fraud is committed if any of the documents used to register the marriage are provided fraudulently to the registrar’s office.
- It is considered fraud if any witness is produced fraudulently by concealing their eligibility to witness the marriage.
- Legislation to Prevent Marriage Registration Fraud
- Certain legal provisions are in place to prevent fraudulent marriage registrations.
- The marriage is deemed null and void under the Special Marriage Act.
Marriages obtained fraudulently are defined in Section 496 of the Indian penal code. Under this section, a person who causes fraud by marrying a person while concealing the necessary facts that determine the commencement of marriage can be legally held liable. Under this section, the punishment is seven years in prison.
According to the Divorce Act, the decree of annulment is provided by declaring the marriage null and void.
Adultery, which was previously considered a punishable offense under section 497 of the IPC, may also result from fraudulent marriage.
Fraudulent Marriage Case Law
Certain legal provisions address fraudulent marriage registrations, and various judgments have been rendered in related cases. Cases are decided using relevant sections and the judicial mind. Here are some examples of fraud marriage case laws.
In Sheikh Altmuddin v Emperor, the accused falsely represented himself as unmarried despite having a previous living wife. The accused was found guilty by the court.
In the case of Kailash Singh v State of Rajasthan, the accused had a previous partner, but the victim was made aware of it by the accused, and the marriage was formed after that. As a result, the accused were not held liable for marriage registration fraud by the court.
Marriage should be concluded with complete transparency of facts; if the facts are not clear enough, or if a party knowingly conceals the facts that must be disclosed, he is considered a fraud. A court of law declares fraudulent marriages null and void. Examine the preceding topic to learn how the law can assist you if you are involved in a fraudulent marriage registration. If you have any questions, please contact attestation service agencies right away.