Unlike marriages according to one’s customs, Court Marriages in India are done in accordance with the provisions of the Special Marriage Act, 1954. According to the Act of 1954, marriage in the Court can be solemnised in the presence of the marriage officer and three witnesses.
Who is eligible?
Two persons, of different genders, from any caste, religion, place etc. can marry through the Court.
Conditions required for the solemnisation of marriage
There shall be no pre-existing marriage of the parties.
A valid consent of the parties must be given, i.e. the parties must be of sound mind.
The male should have completed the age of 21 years while the female should be above 18 years of age.
The parties should not be within degrees of prohibited relationship provided under Part I and II of the First Schedule unless marrying within the prohibited degrees of relationship is allowed in the customs of either of the parties.
Documents required-
Application form should be duly filled and signed by the parties
Receipt of the fees paid for the application form should also be attached to the form
Document proof of the date of birth of both parties.
Documentary evidence showing the stay of either of the parties in the area under the jurisdiction of the marriage officer.
Affidavits from both parties regarding-
Date of birth
Present marital status of the parties i.e. unmarried, divorcee, or widow/er
Affirmation that the parties are not within the degrees of the prohibited relationship as per the Act.
Passport-size photos of the parties should be duly attested by a gazetted officer.
Procedure for the court marriage-
Provided under Chapter II of the Act, titled “solemnisation of Special Marriages”, the procedure for court marriage in India is as follows-
Notice for intended marriage
As provided under Section 5 of the Act of 1954, a notice for the court marriage is given to the marriage officer.
The parties have to provide the notice in the form prescribed in the Second Schedule of the Act in writing.
The marriage officer as mentioned, should have jurisdiction over the area where at least one of the parties has been residing for a period not less than a month.
Publication
The Marriage officer will then publish the notice in some inconspicuous part of his office from where it is visible to the general public.
All true copies of the notices would be kept in the marriage Notice Book by the Marriage Officer.
In case the parties do not reside in the area under the jurisdiction of the officer then the Marriage Officer would send the notice to the Marriage Officer under whose jurisdiction either of the parties resides.
Objection
As provided under Section 7 of the Act, any person can raise an objection to the notice of marriage published in the office of the Marriage Registrar. The objection raised should be on the grounds mentioned in Section 7 of the Act.
The objection must be raised within a period of 30 days from the day of publication of the notice.
The objection so raised would be then recorded in the Marriage Notice Book by the Marriage Registrar.
As provided under Section 8 of the Act, a marriage officer has a period of 30 days to enquire about the validity of the objections raised.
The marriage would be solemnised if such objection raised was not found to be valid.
However, in case the objection so raised was found to be valid by the Marriage Officer, then the marriage could not be solemnised in the court, but the matter could be taken to appeal before the respective District Court
Place of solemnisation
Section 12 of the Act provides that a marriage can be solemnised at the office of the Marriage officer or any other place within a reasonable distance.
Marriage would be solemnised only after both parties give their consent to the wedding in the presence of the marriage officer and three witnesses.
Certificate of marriage
A marriage certificate would be issued, containing the name of the parties, witnesses, and the marriage officer as well as their signatures and the date of marriage.
Conclusion
The court marriage process is simple, short, and involves the least of procedural steps. However, the most important step while applying for court marriage is the submission of the various documents for which it is advised to seek the assistance of experienced Court Marriage Lawyers in Bangalore or a Court Marriage Lawyers in Noida or your own city.
In case an objection has been raised to the court marriage, then in such a situation, an experienced Court Marriage Lawyers in Delhi should be present with the parties who can properly present the case of the parties and in case the application is denied by the Marriage officer, such lawyer could represent the parties in the District Court as well.
Lead India offers you a team of experienced advocates who have been successfully helping the parties with the court marriages from submitting the documents to representing them in the court of law. If you wish to talk to a lawyer or seek free legal advice online, you may contact us.
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