In India, including the Court Marriage Process Delhi is done as provided under the Special Marriage Act, 1954. As per the Act, the Same Day Court Marriage In Delhi could be solemnised between two parties without any discrimination based on the basis of caste, creed, colour or religion. The parties interested in marrying through the court could directly apply to the Marriage Registrar so as to get a marriage certificate.
Eligibility for Court Marriage-
The following conditions are necessary to file for a court marriage-
The bride must be at least 18 years old, and the groom must be at least 21 years old.
Both parties should be of sound mind.
The parties should be able to give their consent during the marriage.
The parties should not be within the degrees of prohibited relationship, unless such marriage is allowed as per the customs of either party.
The parties should not be married at the time of marriage, i.e. there should be no living spouse of either party.
Documents Required-
The application form should be duly filled and signed by the parties.
Proof of date of birth
Residential proof of both parties.
Passport size photos of the bride and groom.
Death certificate of the previous partner in case one of the party is a widow/er
Decree of divorce by the court, in case either of the parties is a divorcee.
Receipt of the application form
A declaration by the parties that they are not related to each other within the degrees of prohibited relationship as per the definition of the Special Marriage Act.
Procedure for the court marriage-
Notice- The parties need to give a notice to the respective marriage officer. The parties are required to send a notice for the marriage, including the form as mentioned in the II Schedule of the Act.
Publication- the marriage officer after checking the documents should publish the notice of marriage in his office where it is visible to the general public.
Objection to the Marriage- as provided under Section 7 of the Act, anyone can object to the court marriage, within a period of 30 days after the notice has been published, based on the grounds provided under Section 4 of the Special Marriage Act. The Marriage Officer, as provided under Section 8 of the Act, would inquire about the objection raised, within a period of 30 days of filing of such objection, and if the objection raised is found to be correct, the application for the marriage would be denied, in case the objection raised is not valid, the marriage shall be solemnised.
A declaration by the parties- On the date provided by the marriage registrar, the couple along with three witnesses, should be present before the registrar, where they are required to declare their will to marry their partner.
Certificate of the marriage- after the above mentioned steps have been completed, a certificate shall be issued by the Marriage officer, which is conclusive evidence of the court marriage.
Conclusion
As provided in the above discussion, the court marriages take place in a legal environment, hence any chance of the falseness in the consent or any other false certificate or information could be easily caught. Also, court marriage is the most simple and easy way to get your marriage solemnised as well as legalise it. For any other information related to the court marriage in Delhi, it is advised to seek the advice from an experienced Court Marriage Advocate In Delhi.
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