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Writer's picturethelila500
Mar 28, 20233 min read

How To Apply For Court Marriage In India

In cases involving people from different castes and religions, court marriages are also possible. To get a marriage certificate, interested parties may submit a direct application to the Marriage Registrar Initially, distinct religious laws in India govern marriages according to the couple's chosen religion.


Yet, the Special Marriage Act, which was passed by the Indian Parliament in 1954, allows people of various religious beliefs to engage into a legal marriage. The act is applicable to both interreligious and inter caste unions, and Indian nationals living abroad may seek assistance under it.


When a couple is married under this Act or has their previously solemnized marriage registered under this Act, the marriage is controlled by the laws listed in the Special The 1954 Marriage Act alone, not the couple's own religious laws

Procedure:-

  • The parties must first give notification to the district marriage officer. The parties to the marriage must give written notice of their desire to marry to the marriage officer in the manner outlined in the second schedule.

  • After publishing the notice, the marriage officer must post it to a prominent location inside his office; there is a 30-day waiting period before lodging any type of marriage official may conduct the ceremony if there are no protests.

  • Anyone may object to the judicial marriage under section 7 if they believe it would violate any of the provisions outlined in section 4 of the act within the 30-day window. However, the legal argument should be made rather than a subjective one. If an objection doesn't prevent the marriage from being solemnized, the Marriage Officer, pursuant to Section 8, will investigate it within 30 days after receiving it.

  • In a judicial marriage, three witnesses are necessary before the marriage is solemnized. The Third Schedule's specified form must be signed and declared in front of the marriage official by both spouses and three witnesses.

  • The marriage official will issue the marriage certificate once all of these procedures have been completed. Also, this certificate needs to be signed by both parties and three witnesses. A certificate of this nature is proof sufficient of judicial marriage.

Case Laws:-

  • The earliest of these instances is Nandini Parveen v. Union of India, which in a way served as the catalyst for changes to the Special Marriage Act of 1954 (SMA). A writ petition filed by a law student from Kerala in the aforementioned case is still pending before the Supreme Court. According to Nandini's case, it is unlawful and in violation of the right to privacy to publish a marriage notice that includes the couple's private information as required by Section 6 (2) of the SMA.

  • In Justice K. S. Puttaswamy (Retd.) and Anr. v. Union of India and Ors., the Supreme Court issued a historic decision stating that the right to privacy is a basic right in India.

Chief Justice Bobde voiced some misgivings about the plea, stating that it was crucial to make the information public in case someone fled with someone else's wife or daughter. But, Nandini's attorney countered that the issue at hand was not the Marriage Officer's enquiries but rather the notice's publishing in the public domain.


Additionally, he claimed that although the original goal of the Act was to enable interfaith or inter caste weddings, crimes like honor killings are now made possible by the Act's clause that compulsorily publishes a couple's private information.


The petition further noted that there was no legitimate State purpose served by publishing the couple's private information. The Special Marriage Act of 1954 may undergo changes in the near future as a result of this case because the court requested the central government's response after hearing all of these points.


Court Marriage Lawyers In Mumbai can be appointed if the couple lives in Mumbai. Moreover, if the couple lives in Noida then Court Marriage Lawyers In Noida can be appointed. If the couple resides in Delhi, Court Marriage Lawyers In Delhi may be assigned.


We provide a variety of legal and professional services at Lead India. This is the appropriate forum for legal queries. Get the finest legal counsel you can in this situation by speaking with a lawyer. You can trust our legal team to help you make informed decisions.



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