If one wishes to jump through the long and tedious customs which are to be followed while getting married, he/she can opt for court marriage. Also, those who wish to perform an inter-caste or inter-faith marriage can also apply for court marriage.
The procedure to follow to get married in the court in Delhi would be simpler and time-saving if you appoint a court marriage lawyer in Delhi.
Documents Required:
· for Court Marriage following documents should be prepared in advance-
· application form completely filled and signed by the parties
· nominal fee for applying for marriage and its receipt shall be attached to the form
· evidence of the date of birth is required
· passport size photos of both parties
· Copy of divorce decree/ order in case of a divorcee and death certificate in case of a widow/ widower.
· Evidence of the stay of at least one of the parties in that area for at least one month should be included.
Separate affidavits from both parties, including-
i) Date of birth
ii) Present marital status- unmarried/divorcee/widower
iii) Declaration that parties are not related to each other within the degrees of prohibition as per the law
The procedure for solemnizing marriage through court is given below:
Notice of intended marriage- the first step toward the court marriage in Delhi Is to file a "notice of intended marriage". The notice is to be filed under the Second Schedule of the Special Marriage Act,1954. It should include proof from both parties of their marital status, occupation, age, dwelling place, and permanent dwelling place (if the present dwelling place is not permanent. Notice is to be filed with the Marriage Officer of the district in which at least one of the parties is residing at least for a period of 30 days.
The marriage officer shall enter the notice in the records of the Marriage Office, these records shall be open to the public, also a copy of the same shall be published in the office of the registrar.
If neither of the parties resides in the area under the jurisdiction of the registrar, the notice would be forwarded to the registrar under whose district such party resides permanently.
The waiting period after the notice is put up is 30 days, within this waiting period anyone can object to the marriage, under the objections allowed by law, Court Marriage Advocate In Delhi.
In case an objection is made, the registrar shall inquire about the same within a period of 30 days from the day such objection was made.
In case the objection is upheld by the registrar the parties can file an appeal against the same in the district court where the office of the registrar is situated. Such appeal shall be filed within a period of 30 days and the decision of the district court shall be final and the registrar has to follow it.
If the 30-day period is over and no such objection was made or the result of the inquiry was in favor of the parties, then the permission for marriage is granted and the date is provided.
On the day of the marriage, the parties shall be present along with three other witnesses.
Once the marriage is solemnized, the marriage officer will issue a certificate of marriage, which will have the signature of three witnesses, the married couple, and the registrar. The Certificate issued is conclusive evidence of marriage.
Also, if the marriage is not solemnized within a period of three months from the date on which the notice of intended marriage was given, the procedure would be taken as lapsed and the proceedings could only be freshly started. In case an appeal was filed, then the period of three months shall be counted from the day such decision was passed. Thus, it could be seen that the process involving the court marriage as well as the registration for marriage, though could be completed by the parties themselves, however, it would be time-saving if such procedure is completed with the assistance of an advocate. The presence of the best advocate in Delhi would be helpful, in case an objection is made against the intended marriage, and also if there is some confusion while following the procedure for marriage.
Lead India provides the best advocates in case you are intending for court marriage, this would save you from the tedious job of following the procedure and filing of different documents.
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