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Writer's picturethelila500
Apr 10, 20233 min read

What If Parents File Complaint Against My Husband After Our Court Marriage That I Am A Minor ?

Court Marriage Process In Ghaziabad as well as in India, unlike marriages in accordance to one’s customs, are done as per to of Special Marriage Act, 1954. According to the Act, marriage shall be solemnised in the court or in the presence of the marriage officer and three witnesses.

Eligibility


A male and a female belonging to different castes, religions, place of origin, etc. can marry through the Court.

There are, however certain conditions provided which are required to be fulfilled by two persons in order to register for court marriage-

There shall be no pre-existing marriage, in case there was, no living spouse should be there, i.e.the person applying for court marriage at the time of the court marriage must be either a divorcee or a widower/widow.

The groom must have attained the age of 21 years while the bride must be above 18 years of age.

Unless the customs governing at least one of the parties permit it, the parties seeking for judicial marriage must not be in any degree of a banned relationship.


Documents required:-

Application form for the court marriage must be duly filled and signed by the parties.

  • Receipts for the fees paid for the application form should be attached as well.

  • Documents proving the date of birth of the parties should be submitted.

  • Documentary evidence to prove the stay of either of the parties in the area falling under the jurisdiction of the marriage officer.

  • Affidavits from parties to the marriage regarding.

  • Date of birth of both the bride and the groom

  • Present marital status of the parties i.e. if they are unmarried, divorcee or widow/er

  • Affirmation from the parties that they do not fall within the degrees of prohibited relationship as provided by the Act.

  • Passport-size pictures of the parties with the gazetted officer's signatures

Procedure for the Court Marriage as provided by the Act:-


Mentioned in the Chapter II entitled as “solemnization of special marriages”, the procedure for Court Marriage In Meerut or Court Marriage In Gurgaon is as follows.


Notice for the intended marriage

Provided under Section 5 of the Act of 1954, a notice is required to be given to the marriage officer. The parties have to submit the notice in writing and in the form as prescribed in the Second Schedule to the Marriage officer. The marriage officer mentioned above must have jurisdiction over the area where at least one of the parties filing for the court marriage have resided for a period not less than 1 month.


Publication.

The Marriage officer will publish the notice for court marriage in some inconspicuous part of his office from where it is visible to everyone.

All true copies of the notice would be kept in the Marriage Notice Book by the marriage officer.

In case the parties are not residing in the area falling under the jurisdiction of the Marriage Officer then he would send the copies of the notice to be published in his office.


Objection.

Provided under Section 7 of the Act, anyone can raise an objection to the notice of marriage published in the office of the registrar. The objection raised must be on the grounds provided under Section 7 of the Act.

The objection to the notice of court marriage must be raised within a period of 30 days of the publication of the notice.

The Marriage Registrar would then record the objection raised in the marriage notice book.

Mentioned under Section 8 of the Act, a marriage officer is required to have a period of 30 days so as to enquire about the validity of the objections raised.

The marriage will then be solemnised if the objection raised was found to be invalid.

In case the objection raised was found to be valid by the Marriage officer then marriage won’t be solemnised in the court, but the matter can be taken into appeal before the District Court by the parties concerned.


Certificate of marriage.

A marriage certificate would be issued after the procedure for the court marriage has been completed, it would contain the name of the parties, witnesses, and the marriage officer as well as their signatures, including the date of marriage.


Conclusion:-

As could be understood from the above discussion, before solemnising the marriage through the court, documents including the age as well as the address of the parties are properly checked by the Marriage Officer. In case your parents still object to the marriage on the basis of the age of the parties, you are advised to discuss your legal issue with an experienced advocate.


Lead India offers you a team of experienced advocates who have been assisting couples with the process of court marriage. Hence, in case you have some doubts regarding the procedure to be followed during the court marriage, or wish to talk to a lawyer or seek free legal advice, you may contact us.


Call Us: +91–8800788535


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