Joint Marriage Affidavit
A joint marriage affidavit is nothing but a joint statement on oath by both husband and wife stating the date and place of their marriage and states the law under which the marriage shall be registered.
An Affidavit is a sworn statement by a person stating that the contents of the affidavit are true. It is not compulsory for a person signing the affidavit to have complete knowledge about the subject matter but it is merely an oath saying that the contentions presented are correct to his knowledge. There are many types of affidavit such as an affidavit of residence, marriage affidavit, affidavit of a name change, affidavit for theft etc.
One such affidavit which gets in great demand is the marriage affidavit. According to the Hindu Marriage Act of 1955 or Special Marriage Act of 1954, all the benefits post marriage pertaining to property and legal matters can be availed only if the marriage is registered.
Procedure of filing a Joint Marriage Affidavit
A joint marriage affidavit is nothing but a joint statement on oath by both husband and wife stating the date and place of their marriage and states the law under which the marriage shall be registered. The affidavit shall state the full names and addresses of the parents of both the parties. The joint marriage affidavit shall also state the new name of the spouse that is going to be replaced with the old name.
The Joint Marriage Affidavit is printed on a non-judicial stamp paper of the minimum value. A joint marriage photograph as a proof of marriage shall be affixed to the bottom of the affidavit which shall be attested by the judicial magistrate or notary public.
The advantage of having a Marriage Certificate over not having one:
A marriage certificate is a proof that a legal marriage has taken place between the two parties on any such date, time and place. In order to have a certificate, the marriage is required to be registered which requires a joint marriage affidavit.
The marriage registration is useful in order to apply for passport after marriage, open a bank account, claim succession rights of a property, seek the legal custody of child at the time of separation of couple and it also helps to ensure all the legal formalities are carried out smoothly at the time of filing for divorce.
Procedure of marriage under Special Marriage Act, 1954
Any two consenting persons above the age of 18 may present a notice of 30 days before the court for solemnisation of marriage under the Special Marriage Act, 1954. The District Magistrate on finding no objection to the marriage solemnizes the marriage after a period of 30 days. This marriage gets registered at the time of solemnisation in court premises. An affidavit is filed by both parties stating their majority and free consent and willingness for the so-called marriage.
A Joint Marriage Affidavit has become a necessity than a need in the times today. It is advisable to get the marriage registered right after the solemnisation of marriage in order to claim legal rights arising out of a valid marriage.