In India, the legal age for marriage is 18 years for women and 21 years for men. However, there are instances where marriages may take place before reaching this legal age. To legally validate such marriages or to use them for official purposes like court cases, registration, or documentation, a Marriage Affidavit for those who were minor during marriage is required.
This affidavit acts as a sworn declaration, confirming that the marriage took place when one or both parties were below the legal marriageable age, and that both recognize the relationship as valid.
This blog will guide you through the process of obtaining and completing an affidavit for those who were not adults during their marriage but are now adults during the registration process.
Understanding the Legal Context
In many jurisdictions, the legal age for marriage is 18 years. Marriages that occur before either party reaches this age are subject to specific legal considerations, particularly when it comes to registration. The law typically mandates that both parties must be adults at the time of marriage registration. If one or both parties were minors at the time of marriage, they must provide an affidavit during registration to confirm their current age and legal status.
Why You Need an Marriage Affidavit
An affidavit is a sworn statement made under oath, serving as a legal document that declares specific facts. In the context of marriage registration, an affidavit is required to:
- Declare the Age at the Time of Marriage: The Marriage Affidavit must state the age of the individuals at the time of marriage, confirming that they were below the legal age.
- Confirm Adulthood at the Time of Registration: The affidavit must also declare that the individuals are now adults, having reached the legal age for marriage registration.
- Ensure Legal Compliance: This affidavit is crucial for ensuring that the marriage registration process complies with legal requirements, preventing any potential legal challenges or disputes in the future.
How to Download the Marriage Affidavit
To simplify the process, you can download a ready-to-use affidavit template from pdfcollections.in. Here’s how you can do it:
The template will typically include sections for the personal details of both parties, the date of the marriage, their ages at the time of marriage, and a declaration of their current adult status.
Legal Considerations ⚖️
- Under the Prohibition of Child Marriage Act, 2006, child marriages are illegal but not void, meaning they can still be recognized if challenged in court.
- A marriage affidavit for minors is often required in cases of property rights, inheritance, and family disputes.
- This affidavit does not legalize child marriage but helps in documenting the reality for legal purposes.
Filling Out the Marriage Affidavit
When filling out the Marriage Affidavit, accuracy is crucial. Here are some tips to ensure that the document is completed correctly:
- Personal Information: Ensure that all personal details, such as names, addresses, and contact information, are accurate and match official records.
- Marriage Details: Clearly state the date of marriage and the ages of both parties at the time of the marriage. This information must be precise and verifiable.
- Current Legal Status: Declare that both parties are now adults, having reached the legal age for marriage registration. Include the current age of each party.
- Sworn Statement: The affidavit must include a statement that the information provided is true and correct to the best of your knowledge.
Notarization of the Marriage Affidavit
Once the Marriage Affidavit is completed, it must be notarized to be legally valid. Notarization involves signing the document in the presence of a licensed notary public. The notary public will verify the identities of the signatories, ensure that they understand the contents of the affidavit, and witness their signatures. The notary will then affix their seal to the document, confirming its authenticity.
Submitting the Marriage Affidavit
After notarization, the affidavit must be submitted along with other required documents to the relevant authorities responsible for marriage registration. The submission process may vary depending on the jurisdiction, so it’s essential to check with local authorities for specific instructions. Ensure that all documents are submitted in a timely manner to avoid delays in the registration process.
Conclusion
The Marriage Affidavit for those who were minor during marriage is a crucial legal document for validating underage marriages in India. It helps in court cases, official records, and marriage registrations.
