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Writer's picturethelila500
Dec 28, 20223 min read

Why A Lawyer Required For Court Marriage?

The concept of a court marriage was established by the Special Marriage Act of 1954. It allows for the civil ceremony to marry people from various religions, castes, creeds, or nationalities. At the same time, it solemnizes and records a marriage.

For couples with an inter-religious or inter-caste background who wish to make their marriage simple and affordable, court marriage is a very suitable option in India. Additionally, it serves as a place for couples who contradict their families' expectations. Contrary to traditional marriage, which involves many rites and customs, court marriage is a very straightforward process carried out before a marriage registrar and witnesses.



Necessary Documents for Court Marriage

  • Application for marriage in the Format required and with the fees assigned

  • Passport-size images of the couple

  • Residential information of the parties to the marriage

  • Birth certificate of both the parties

  • Address proof of both the parties

  • Pan card of each witness

  • If either party has a history of previous marriages, a death certificate and divorce decree are required

The procedure of Court Marriage

Publication of Notice- The parties must submit a written notice or application in the format outlined in Schedule II of the Special Marriage Act for the court marriage. The marriage officer publishes the notice when it has been filled up.

Objection to Marriage- Any person may object to marriage by contacting the district's marriage officer under the requirements outlined in Section 4 of the Act. The marriage union cannot be solemnized if the Marriage Registrar receives any objections within 30 days of the notice's publication date.

Remedy for the Objection filed if any- Within 30 days of the refusal to solemnize the marriage union, either of the parties may submit an appeal at the District Court located within the area of jurisdiction of the district within the authority of the Registrar.

Solemnization of Marriage- The marriage is performed at the Specific Marriage Office if no opposition is received before the 30-day period has passed. The parties to the marriage union have to be available at the office on the designated date for registration or solemnization with three witnesses.

Certificate of Marriage- The Marriage Registrar issues the marriage certificate in the required format, which must be signed by the couple, three witnesses, and the officer. It serves as the definitive proof of the Court Marriage.

Role of Lawyers in the Process of Court Marriage

To be a matrimonial lawyer is an exciting job. The legal counsel takes on huge obligations, beginning with the application's submission and continuing with the document's verification. The lawyers assist in:

  • Verifying that the parties are of legal marriageable age as established under the statutes

  • Ensuring that the parties have free consent for the solemnization of marriage

  • Informing the parties about the court marriage process and starting the filing of notice for marriage

  • Providing the parties with better guidance regarding the relevant laws of the state, the place of registration, and the registration process

  • Helping to lessen the burden on the marriage's parties by taking care of all the papers and documentation required for the court marriage

  • Ensuring that the prescribed fees of the application form must adhere to the district court's requirements

  • Ensuring and accepting the obligation for preparing and bringing in the witnesses necessary during the time of marriage

  • Performing the marriage and obtaining the marriage certificate on schedule time and without delays.

A couple seeking to marry outside of the presence of their families can also benefit from advice from a court marriage lawyer, such as:

  • Filing a petition with the court asking for the parties' lives and liberties to be safeguarded

  • Obtaining a High Court protection order ensures the couple can live in a particular area safely

  • Ensuring that because the High Court protects the parties, the police cannot make a false complaint or cannot make a false charge against them

You will need a well-experienced and competent lawyer to carry out the court marriage procedure smoothly. If you want to have a court marriage in Noida, then a Court Marriage Lawyers In Noida can be hired, and if you want to have a court marriage in Patna, then a Court Marriage Lawyers In Patna can be hired. Likewise, a Court Marriage Lawyers In Pune can be hired if you want a court marriage in Pune.

You can talk to a lawyer at Lead India Law. At Lead India Law, you can ask questions to experts online for free and receive free legal advice online.


Call Us: - +91-8800788535


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