What Is The Role Of Witness In A Court Marriage?

Marriages can take many different forms in India. Both registered marriages and customary marriages are recognized as lawful by the Indian constitution. Based on particular norms 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.

Online or offline marriage registration must adhere to certain rules and include the necessary paperwork. The witness is crucial in the registration of marriage. When a marriage is planned to be solemnized 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.

Need For A Witness In Court Marriage

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 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 Become A Witness?

No specific witness's presence in the registrar's office is required for the start of the marriage, according to any provisions. 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.

The witness must be a legal citizen of India and have all the necessary documentation to be produced before the Marriage Officer.

Documents Required From A Witness During Court Marriage

Certain documents must be provided before the Marriage Officer by a witness in the marriage registration:-

1. The witnesses must present residential verification of their address to the Marriage Officer. 
2. The witnesses' identification must be shown to the Marriage Officer in the form of an Aadhaar card, voter identification card, driving license, etc.
3. Another important document that witnesses must show before the Marriage Officer is their PAN card.
4. During marriage registration, each witness must submit a passport-sized image to the Marriage Officer. 
5. To be recognized as witnesses to that marriage, the witnesses must sign the form provided.
6. A witness may be required in the marriage if one of the bride's parents signs. If the parents are not living, missing, or unavailable for whatever reason, the three witnesses can carry the remaining essentials.
7. The documents must be genuine and valid. If any document is produced falsely or inaccurately, the witness will not be registered.
8. Before signing themselves as witnesses, the witnesses must be of sound mind and have obtained a majority.

Role Of A Witness In Court Marriage

In a court marriage, witnesses play an important role in the legal process. The role of witnesses in a court marriage can vary depending on the specific requirements of the jurisdiction in which the marriage is taking place, but generally, witnesses are responsible for validating and verifying the marriage ceremony. Here's a more detailed explanation of the role of witnesses in a court marriage:

1. Witnessing the Ceremony: Witnesses are typically required to be present during the marriage ceremony. They observe the couple exchanging their vows and, in some cases, signing the marriage certificate or marriage license.
2. Verification of Identity: Witnesses may be asked to verify the identity of the individuals getting married. This may involve confirming that the names and details on the marriage license or certificate match the individuals getting married.
3. Signing the Marriage Certificate: In many cases, witnesses are required to sign the marriage certificate or license as a way of attesting to the fact that they were present during the ceremony and that the marriage took place.
4. Legal Confirmation: The presence and signatures of witnesses serve as a legal confirmation that the marriage is valid and took place by the laws and regulations of the jurisdiction.
5. Moral Support: Witnesses may also provide moral support to the couple getting married, especially if there are nervous or emotional moments during the ceremony.
6. Legal Responsibility: Witnesses need to take their role seriously, as they are confirming the legality of the marriage. Providing false information or falsely witnessing a marriage can have legal consequences.

The specific requirements for witnesses in a court marriage can vary by jurisdiction, so it's essential to check with the relevant local authorities or consult with a legal expert to understand the exact responsibilities and qualifications of witnesses in a particular location. Typically, there may be a minimum age requirement for witnesses, and they should not have a direct interest in the marriage (e.g., they should not be immediate family members of the couple getting married).

Read our detailed guide on Age For Court Marriage In India

Liabilities Of A Witness In Court Marriage

Being a witness is an important part of the marriage registration process. The Indian Evidence Act of 1872, describes what a witness is. You become liable for the marriage by being a witness. 

If a couple marries fraudulently by lying about their age or other eligibility considerations, the witnesses will be held accountable as well. The provision is expressed in Section 118 of the Indian Evidence Act. If you see something of your own volition, you will be held accountable for the same behavior. 

The marriage of a minor girl is considered an offense under the Indian Penal Code. So, if you are witnessing the marriage of a couple in whom one or both parties are under the age of majority and provide phony copies before the registrar's office, you would be held guilty under Section 34 of the Indian Penal Code as well.

Conclusion

Many people have been invited to the wedding and will be present to witness the ceremony. If a dispute arises, the guests may be called as witnesses to assist the court in evaluating the validity of the marriage. Being a witness to a couple's marriage entails many obligations and liabilities. So, be cautious to verify the authenticity of the documents and witnesses you provide.