Unlike marriages as per one’s customs, court marriages in India are solemnized according to the provisions of the Special Marriage Act, 1954. As per the Act of 1954, marriages in court shall be solemnized in the presence of the marriage officer and three other witnesses.
Who is eligible?
Two individuals, i.e., a male and a female, of different genders, belonging to any caste, religion, place, etc., can marry through the process of the court.
Conditions required for the solemnisation of marriage
No pre-existing marriage of the couple to any other third person should be there.
Valid consent of the parties at the time of the marriage must be given, i.e. the parties have to be of sound mind.
The male must have completed the age of 21 years while the female must be 18 years of age or above.
The parties must not fall within degrees of prohibited relationship as has been provided under Part I and II of the First Schedule, unless the marriage within prohibited degrees of relationship is permitted in the customs of either of the parties.
Documents required-
Following Court Marriage Documents are required to be presented before the marriage officer-
Application form must be duly filled as well as signed by the parties to the court marriage
Receipt of the fees so paid for application form must also be attached with the form
Documentary proof of the date of birth of the parties to the court marriage.
Documentary evidence proving the stay of either of the parties to the court marriage in the area which falls under the jurisdiction of the marriage officer.
Affidavits from the parties regarding-
Date of birth of the couple
Present marital status of the couple i.e. unmarried, divorced, or widow/er state of the their marriage
Affirmation if parties do not fall within the degrees of prohibited relationship as has been provided under the Act.
Passport size photos of the parties must also be duly attested by a gazetted officer.
Procedure for the court marriage-
As stated in Chapter II of the Act, titled "Solemnization of Special Marriages," the judicial marriage procedure can be summarised as follows-
Notice for intended marriage
As has been mentioned under Section 5 of the Act of 1954, a notice for court marriage will be given to the marriage officer.
The parties would have to provide the notice in the form, which has been prescribed in the Second Schedule of the Act, in writing.
The marriage officer as mentioned, must be having jurisdiction over the area where at least one of the parties to the \marriage has been residing for a period not less than a month.
Publication
The Marriage officer would then publish the notice in such part of his office from where it is visible to the general public.
All true copies of the notices submitted to him would be kept in the marriage Notice Book by the Marriage Officer.
If the parties do not reside in an area falling under the jurisdiction of the marriage officer then he would send such notice to the Marriage Officer under whose area of jurisdiction either of the parties to the court marriage reside in.
Objection
As mentioned under Section 7 of the Act of 1954, any individual can raise an objection to the notice of marriage which has been published in the office of the Marriage Registrar. Such objection must be raised on the grounds which have been mentioned in Section 7 of the Act.
An objection shall be raised within a period of 30 days from the date of publication of such notice.
The objection so raised against the marriage application would then be recorded in the Marriage Notice Book by the Marriage Registrar.
As has been mentioned under Section 8 of the Act, the marriage officer will have a period of 30 days to enquire about the validity of the objections so raised.
The marriage process would be continued if such objection raised was found to be invalid.
But if the objection so raised was found to be valid by the Marriage Officer based on the grounds provided under the Act, then the marriage would not be solemnised in the court, however such matter could be taken to appeal before the respective District Court
Place of solemnisation
A marriage can be solemnised at the Marriage Officer's office or any other venue within a reasonable distance of the court, according to Section 12 of the Act.
Marriage shall be solemnised only after the parties to the marriage have given their consent to the wedding in the presence of the marriage officer as well as three witnesses.
Certificate of marriage
After the procedure for court marriage has been completed, a marriage certificate shall be issued, containing the names of the parties, witnesses, and the marriage officer as well as their signatures, and the date of marriage will also be mentioned.
Conclusion
The court marriage process does seem simple, short, and involves the fewest procedural steps, but the most important step when applying for a court marriage is the submission of various documents and the Court Marriage Fees, for which it is advised to seek the assistance of experienced advocates around you.
If, for some reason, an objection has been raised to the court marriage, then a professional should be present with the parties who could properly present the case on behalf of the parties, and in case the application is denied by the marriage officer, he can represent the parties in the District Court as well.
Lead Indiaoffers you a team of experienced advocates who have been successfully assisting the parties with court marriages,ages, the submission of the various documents, and representing them in the court of law. Hence, if you wish to talk to a lawyer or seek free legal advice, you 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