In this article, we will talk about who can be witness for marriage registration in India? There are various ways to conduct marriages in India. Both registered marriages and customary marriages are recognized as lawful by the Indian constitution.

Based on particular norms that are recognized by law, customary weddings are legitimate. Some provisions relating to marriage registration are included in the Special Marriage Act. The related Acts cover the subject of marriage registration eligibility. 

For the marriage registration to be legal, specific paperwork and rules must be followed. The witness is crucial in the registration of marriage. You might be worndering who can be witness for marriage registration in India. Keep reading to know in great detail.

When a marriage is planned to be solemnised in the registrar’s office, the court mandates that the parties provide at least three witnesses to the ceremony who will sign a form at the registrar’s office stating that they witnessed the marriage.

Why Do I Need a Witness for My Marriage Registration? 

In India, weddings are typically planned like festivities. A large number of guests are invited to the wedding to witness the ceremony. The guests may be called as witnesses to assist the court in determining if the marriage was lawful in the future if a dispute arises before a court of law. 

Court marriages and marriages that are submitted to the registrar’s office for registration take place in the office’s private area. To ensure that justice can be served if a subsequent marriage-related dispute occurs using the evidence and witnesses present, the law establishes the necessity of three witnesses. 

Who can be witness for marriage registration in India

No specific witness’s presence in the registrar’s office is required for the start of the marriage, according to any provisions. Who can be witness for marriage registration in India?  Any person willing to be present during the marriage may serve as the witness. Family members of either side, relatives, acquaintances, coworkers, or any other individual qualified to serve as a witness for the marriage registration may serve as witnesses. 

For a marriage to be legally registered, witnesses are required. So, if you are wondering who can be a witness for marriage registration in India. It is preferable to bring someone who is connected to you and you can trust to testify as a witness because they may be called into question if a dispute emerges in the future. 

The witness must possess the required papers to be produced before the marriage officer and be a legitimate citizen of India.

Documents that the Witness Must Provide:

Now, you know who can be witness for marriage registration in India. You might be thinking about what documents are required for witness to testify

A witness in the marriage registration must present specific documents to the marriage officer. 

  • Before the marriage officer, the witnesses must present residential identification proving their address as well as identification proving their identity, such as an Adhar card, voter identification card, driver’s licence, etc. 
  • Another important document that the witnesses must present to the marriage officer is their PAN card. 
  • Each witness must provide the marriage officer with a passport-sized photo while registering a marriage. To acknowledge themselves as witnesses to the marriage, the witnesses must sign the given form. A witness may be necessary for the marriage if one of the bride’s parents signs the document.
  • If the parents are dead, missing, or unable to be present for any justifiable reason, the three witnesses can carry the remaining essentials. The documentation must be legitimate and true. If any document is presented illegally or inaccurately, the witness will not be registered. Before testifying as witnesses, the witnesses must be of sound mind and have the support of the majority. 

Responsibilities Being a Witness:

Now that you are aware of who can be witness for marriage registration in India, now let’s look at the responsibility of a witness in court marriage.

You must carry out specific duties as a witness for marriage registration. The witness attested to having seen the entire procedure in action. 

  • You must acknowledge the couple for whom you are appearing at the marriage registration and determine if they are legally permitted to wed or not.

It is your responsibility as a witness to a marriage registration to: 

  • Present all necessary paperwork to the marriage officer accurately; 
  • Be ready to testify in court if necessary regarding a marriage-related dispute;
  • Work with the legal system whenever an inquiry into the marriage is being conducted. 

What Obligations a Witness Has? 

A witness’s role in a marriage’s registration is crucial. The function of a witness is defined by the Indian Evidence Act of 1872. You take responsibility for the marriage by bearing witness to it. The witnesses would also be held accountable for the same crime if a couple fraudulently gets married by lying about their age or other eligibility requirements. The provision is stated in Section 118 of the Indian Evidence Act. You are accountable for the same activity if you willingly observe anything. 

According to the Indian Penal Code’s regulations, marrying a minor girl is considered an offence. As a result, under the terms of section 34 of the Indian penal code, the witness will also be responsible if they appear before the registrar’s office to witness a marriage between two people where one party or both are under the age of majority. 

also read

Register marriage procedure for lovers

Tatkal Court Marriage

Court Marriage Documents

Conclusion: Who can be witness for marriage registration in India 

Here I will conclude who can be witness for marriage registration in India. Several obligations and liabilities come with being a witness to a couple’s marriage. Therefore, check to see who you are providing witnesses for and whether the documents are authentic.

FAQs 

How do I get married in India without a witness? 

The marriage registrar must receive written notification from you stating your desire to marry the other party. If either party has lived in the district where the marriage registrar’s office is located for at least 30 days before delivering the notice, that office must receive the notice. 

Who signs the marriage licence? 

The bride and groom, at least two witnesses (who can be anyone), and the registrar all sign it. The register, which serves as a physical record of all marriages performed, includes details about the couple, the witnesses, and the name of the registrar or minister performing the ceremony.

Do witnesses at judicial marriages encounter any issues? 

A witness won’t cause any legal issues. However, the witness may be summoned to testify if either the bride or the groom is a juvenile under the law, has not obtained a valid divorce from a prior marriage, or if a vengeful relative of either spouse files a lawsuit.

For more information visit Itzeazy