Is Notary marriage valid?

Is Notary marriage valid?

3 Answers
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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 12 Dec 2024

Notary marriages are not legalized in India. The Orissa High Court clarified that notaries never obtain the authority to solemnize marriages and issue marriage certificates; any marriage declared by a notary holds no legal sanctity. Marriages must be carried out under applicable laws, as under the Special Marriage Act or recognized religious customs, and properly registered with the relevant authorities to be legally recognized. Hence, seeking the marriage document from a notary is not worth it and will get the parties into critical legal trouble.

Ayantika Mondal
Advocate Ayantika Mondal Answered: 12 Dec 2024

Marriages by a notary are not valid in India. Orissa High Court held that the notaries are neither authorized to solemnize the marriages nor to issue the certificates of marriage under the Notaries Act, 1952. Any document prepared by a notary which he claims to certify a marriage is void and does not carry any sanctity in the eyes of law. It would be considered a marriage if performed under the applicable marriage laws, such as the Special Marriage Act or religious customs, and duly registered with the relevant authorities.

Admin
Advocate By LEAD INDIA Answered: 12 Dec 2024

Sir in India notary marriages are not valid as notaries are not authorized to register marriages or issue marriage certificates. Marriages must be registered by a sub-registrar and notaries cannot be held responsible if the marriage is challenged. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
 

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