In India, a court marriage takes place under the special marriage act, 1954 and is common across the country. A court marriage is performed with no discrimination on the premise of caste, color, religion, or creed. The parties who are belonging to different religions are also eligible for court marriage. Simply a court marriage means the performance of marriage according to law. Court marriage can also be performed in inter-caste and inter-religion people. The interested parties can directly apply to the Marriage Registrar so as to induce a marriage certificate. Family lawyer in Delhi provides you with the best service.
Eligibility for court marriage
1. Firstly, both parties shouldn’t live as husband /wife at the time of marriage.
2. The bride should be at least 18 years old and therefore the groom should be 21 years old.
3. Each party should be of sound mind.
4. They must not be unable to administer valid consent at the time of marriage.
5. Both parties should not suffer from any kind of mental disorder.
6. Each party shouldn’t be within the degree of forbidden relationship (the court marriage can take place within a prohibited relationship if their custom allows doing so)
Document required for court marriage
Following are some documents which are mandatory for court marriage:
1. The application form should be signed by both parties.
2. Evidence of date of birth of parties.
3. Residential proof of both the parties.
4. Passport size (two) photographs of the bride and groom.
5. Death certificate or divorce decree if the parties are previously married.
6. Fee receipt paid for the application form in the District Court.
7. Affirmation by the parties that they’re not associated with one other within the degree of prohibited relationship defined in the Special Marriage Act.
Process of court marriage
Step 1-Notice of marriage
Firstly, the parties have to give notice to the marriage officer of the district. It is required that the parties to the marriage shall give notice of the intended marriage in the form prescribed in the Second Schedule and in writing to the Marriage Officer.
Step 2-To publish the notice
The Marriage Officer shall publish the notice by affixing it in his office after publishing the notice; there is a waiting period of thirty days for any kind of objection. If there is no opposition, then the marriage officer can perform the marriage.
Step 3- Objection to marriage
Under section 7, anyone can object to the court marriage within the 30 Days period that the marriage would violate any conditions laid out in section 4 of the act. But the objection should be on a legal basis, not on a personal basis. Under section 8, The Marriage Officer, on receiving an opposition would enquire into the same within 30 days and solemnize the marriage if the objection doesn't impede the solemnization of the marriage.
Step 4- declaration by the parties and therefore the Witnesses
Before the solemnization of the marriage, 3 witnesses are required in court marriage. Declaration and signature in the form specified in the Third (3rd) Schedule, in the presence of the Marriage Officer by both the parties.
Step 5- Certificate of marriage
After following the above steps, the marriage registrar will give the marriage certificate. The certificate must be signed by both the parties and the three (3) witnesses. This certificate becomes the conclusive evidence of the court marriage.
Court marriage cost
The process of court marriage cost also varies from state to state and one needs to individually look into the fees of the respective place where the marriage is to be solemnized.
How long does the whole process of court marriage take to be completed in India?
The whole process, starting from giving notice, takes maximum up to 60 days. Given that no objection comes up within 30 days from the date of publication of the notice.
Advantages of court marriage:
1. It is economical and a less complicated process
2. It saves the massive expenses of marriage rituals and ceremonies.
3. The parties to the marriage get the choice of solemnizing the marriage in any way they require.
Work of a Lawyer in court marriage:
1. The parties consult their advocate for filing the notice of the marriage. A good matrimony lawyer will be your bet to go ahead with the court marriage procedure.
2. An advocate will advise the parties to the marriage as per the applicable law, the place of registration, where marriages are often registered.
3. An advocate will make sure that the parties are of majority age.
4. An advocate will prepare all the mandatory documents required for the registration process. It helps to reduce the burden and time for marriage.
5. An advocate will set up a mutually convenient time for you, your partner, and also the 3 witnesses to meet at the office of the marriage registrar to conduct a final check of documentation.the
6. Just in case of further claims and deliberations raised, an advocate will file an appeal on behalf of parties and make the arguments.
On the premise of the above discussion, it comes to the conclusion that the court marriage is solemnized under the special marriage act, 1954. Court marriage is being held in the legal environment so that any chance of falseness in the consent or any deformity in the behavior can be easily caught out.
Lead India provides you the best court marriage lawyers in Delhi who provides their service PAN India and makes it feasible for the clients to get their marriages registered at their respective jurisdictions without any hassle. lead India has a plethora of Marriage Registration Lawyers in Delhi on its platform who can aid you with the requisite procedure.
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Court Marriage, Court Marriage In India, Court Marriage Process
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