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Writer's picturethelila500
Mar 9, 20233 min read

Why Lawyer Is Mandatory For Court Marriage ?

Conditions for Court Marriage.


The Marriage Officer could solemnise the Court Marriage between the bride and the bridegroom under the Act if following conditions are fulfilled.


  • The parties to the marriage must not have a living spouse

  • The bride and the groom

  • Are capable of giving valid consent to the marriage and are not of unsound mind.

  • Even though they are capable of giving their valid consent they are not suffering from a mental disorder of the kind making them unfit for marriage or procreation.

  • Are not subjected to recurrent attacks of insanity.

  • The bride is 18 years old or above while the groom is 21 years old or above.

  • The parties to the marriage are not within the degrees of prohibited relationship.


Documents required to apply for Court Marriage.


The documents required to apply for Court Marriage are.


  • Separate affidavits from the bride and the groom regarding-

  • Date of Birth

  • Marital status of the parties, i.e.if are unmarried, divorced or widowed.

  • Affirmation that the parties are not related to one another within the degrees of prohibited relationship.

  • Passport size photos of the bride and groom.

  • Residential proof of the parties.

  • Proof of date of birth.

  • Copy of the notice of intended marriage signed by the couple.

  • Copy of the decree of divorce, in case the parties are divorced or copy of the death certificate of the spouse if either of the parties is a widow or widower.

  • The documents to be submitted by the witnesses-

  • Passport size photos

  • Copy of PAN card

  • Copy of Identity proof.

Procedure for Court Marriage.


  • Notice:- The parties to the marriage must give the court marriage application form, i.e. the notice of the intended marriage to the police officer. The notice should be given to the marriage officer under whose area of jurisdiction either of the parties has been living for a period of not less than 30 days.

  • Publication of the Notice:- The Marriage Officer would publish the notice for the intended marriage by affixing it in a conspicuous place in the office of the marriage officer.

  • Objection to the marriage:- Any person could object to the marriage so registered within 30 days of publication of the notice of the intended marriage. An objection to the marriage could be submitted to the marriage officer on the grounds provided under the Act. The marriage officer should enquire about such an objection within 30 days from the date of receiving the objection. If the objection so raised is found to be invalid by the marriage officer, he could solemnise the marriage on the prescribed date.

  • Declaration by the parties:- if no objection has been raised against the marriage application or the objection raised was dismissed by the marriage officer, the parties should appear before the marriage officer submitting their declaration as prescribed in the Third Schedule of the Act.

Afterwards the marriage certificate is issued by the marriage officer which is conclusive evidence of the marriage.


Conclusion.


As could be understood from the above discussion, court marriage is a simple procedure but involves a number of documents required to be submitted at various stages. Also, in case an objection is raised against the application for the marriage and the marriage officer finds it to be valid as a result cancelling the marriage application.


You would have to appeal against such a decision in the respective district court. All these situations could be handled aptly if an experienced advocate is there to assist you.


Lead India offers you a wide pool of experienced advocates who could deal with cases related to court marriages or other issues involving divorces, maintenance, child custody, etc. You should talk to a Court Marriage Lawyers In Delhi, Court Marriage Lawyers In Mumbai, Court Marriage Lawyers In Ghaziabad, or in your city. Thus, if you wish to Talk To A Lawyers or seek Free Legal Advice Online, you may contact us.


Call Us: +91–8800788535


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