Individuals belonging to Hindu, Muslim, Buddhist, Sikh, Christian, Parsi or Jewish faith can perform an inter-religious marriage under the Special Marriage Act, 1954. However, a marriage performed as per the procedure described under the Hindu Marriage Act, 1955, is between a couple belonging to different religions, as described in the Act of 1955, then such marriage shall be void since its very inception.
Court Marriage In Kolkata as well as in India, unlike marriages solemnised as per one’s customs, are solemnised in accordance with the provisions which have been provided in the Special Marriage Act, 1954. As per the Act of 1954, a marriage between two persons belonging to different faith or religion can be solemnised in the court in the presence of the marriage officer and three witnesses.
Eligibility for the Court Marriage-
A couple from any caste, religion, places of birth etc. can marry through the process of Court.
A few conditions have been put down which are required to be fulfilled for two individuals in order to register for a court marriage as provided by the law-
No pre-existing marriage shall be there of persons filing for the court marriage, even if the couple was married to different partners before applying for the court marriage, no living spouse should be there, i.e.the person applying for the court marriage if was married earlier, then at the time of applying for the court marriage must be either a divorcee or a widower/widow.
The age of the groom which has been permitted by the law to marry is 21 years, while the bride must be 18 years of age or above.
The parties who are applying for the court marriage must not fall within the degrees of prohibited relationship, unless the customs governing at least one of the parties permits so.
Documents necessary to apply for court marriage:
Application form has to be duly filled and signed by the parties to the court marriage
Receipt of the fees paid for the application form must be attached as well.
Documents proving the date of birth of parties.
Documentary evidence regarding the stay of either party in the area falling under the jurisdiction of the marriage officer for a period of not less than 30 days.
Separate affidavits from the parties regarding-
Date of birth of the parties
Present marital status of the parties which are applying for the court marriage i.e. whether they are unmarried, divorcee or widow/er
Affirmation from both the parties that they do not fall within the degrees of prohibited relationship as has been provided by the Act.
Passport sized photos of the parties have to be duly attested by a gazetted officer.
Procedure for Court Marriage-
As provided under Chapter II of the Act of 1954, which is entitled as “solemnization of special marriages”, the procedure for Court Marriage In Lucknow as well as other part of the country can be counted as follows-
Notice for intended marriage
A notice for the court is to be given to the marriage officer as has been mentioned under Section 5 of the Act. The parties will have to provide the notice to the Marriage officer in writing and in the form as prescribed under the Second Schedule of the Act of 1954. The marriage officer mentioned above should have jurisdiction over the area where at least one of the parties to the court marriage have been residing for a period of not than 1 month just before filing for the court marriage.
Publication
The Marriage officer would then publish the notice for the court marriage in some inconspicuous part of his office from where it is visible tot he general public.
All true copies of the notice would be kept in the Marriage Notice Book by the marriage officer.
In a situation where the parties to the court marriage reside in an area which does not fall under the jurisdiction of the marriage officer, then he will have to send the copies of the notice which are required to be published in his office.
Objection
As has been mentioned under Section 7 of the Act of 1954, anyone can raise an objection to the notice of marriage which has been published in the office of the marriage office and such objection must be raised on the grounds which have been mentioned under Section 7 of the Act.
The objection to the notice for court marriage must be raised within a period of 30 days from the date of publication of the notice.
The objection raised must also be recorded in the marriage Notice Book by the Marriage Registrar.
As has been provided under Section 8 of the Act, the respective marriage officer will have a period of 30 days to enquire about the validity of such objections raised.
The marriage will be solemnised as per the procedure if the objection raised was found to be invalid.
However, if the objection raised against the notice to court marriage is found to be valid by the Marriage Officer, then the procedure for court marriage could not be continued, however, the matter can also be taken into appeal before the respective District Court by the parties concerned.
Place of solemnisation
As per Section 12 of the Act of 1954, marriage will be solemnised at the office of the Marriage Officer or at a place which falls within a reasonable distance from the office of the marriage registrar.
Marriage will be valid when both parties affirm that they are ready to get married to each other and in the presence of three witnesses and the Marriage Officer.
Certificate of marriage
The marriage certificate so issued, will contain the name of the parties, witnesses present for the court marriage and their signatures as well as the date of marriage.
Lead Indiaoffers you a team of experienced advocates who have been successfully helping couples with their marriage procedures in the court, therefore if you wish to talk to a lawyer or seek free legal adviceyou may contact us.
Visit us: https://www.leadindia.law
Call Us: +91–8800788535
Email: care@leadindia.law
Facebook: https://www.facebook.com/leadindialaw
Twitter: https://twitter.com/leadindialaw
Pinterest: https://in.pinterest.com/lawleadindia
Comments