Procedure Of Court Marriage In India
Date : 16 Aug, 2023
Post By admin
In India, a judicial marriage is one that is solemnized under the Special Marriage Act of 1954 (the "Act"). A couple of any caste, religion, or nationality can have a court marriage performed in the presence of a marriage officer and three witnesses. Typically, the marriage officer is the Sub-Registrar designated under the Act.
Court marriages are prevalent throughout the country and follow the procedure outlined in the Act. The marriage is performed without regard for caste, creed, or religion by the marriage authority. It is a legally constituted marriage. To obtain their marriage certificate, the bride and groom can simply submit a court marriage application to the marriage officer. The court marriage can be registered at the marriage officer's office in the area/jurisdiction where the bride or groom resides.
Conditions For A Court Marriage
Under the Act, the marriage officer can solemnize a court marriage between the bride and the bridegroom if the following conditions are met at the moment of marriage:☑️ Both the bride and groom do not have a living spouse.
☑️ The bride and groom: are not incapable of giving valid consent to the marriage due to unsoundness of mind, are not suffering from a mental disorder of such a kind or extent that makes him/her unfit for marriage and childbearing, and have not been subject to recurrent attacks of insanity.
☑️ The bridegroom is 21 years old, and the bride is 18 years old.
☑️ The bride and groom are not in any way involved in an unlawful relationship.
Documents Required For A Court Marriage
The following documents must be submitted by the couple together with the court marriage application:☑️ Affidavits from the bride and groom include the following information:
☑️ The birthdate
☑️ Widower/unmarried/divorcee marital status
☑️ Affirmation that the pair is not connected to one another in a prohibited connection.
☑️ Passport-size photographs of the bride and groom
☑️ Proof of the bride and groom's residence
☑️ Proof of the bride's and groom's birth dates
☑️ A copy of the couple's signed notice of planned marriage
☑️ In the event of a divorcee, a copy of the divorce decree; in the case of a widower/widow, a copy of the death certificate of a spouse.
☑️ All witnesses are expected to present the following documents:
☑️ A passport-sized photograph
☑️ PAN card photocopy
☑️ Identity proof copy
Procedure Of Court Marriage In India
Step 1: Marriage Notice
The parties (bride and groom) must give the marriage officer the court marriage application form, which serves as notification of the intended marriage. Before 30 days of the anticipated marriage date, the notice of the intended marriage should be given as required in the Act's second schedule. It should be delivered to the marriage official in the area where either party to the marriage has lived for at least 30 days.Step 2: The notice is published
The marriage officer will publish the notice of intended marriage filed by the parties by affixing it in a prominent location in the marriage officer's office. Anyone can object to the marriage after it is published within 30 days of its publication. If no objections are raised, the marriage will be performed by the marriage officer 30 days after the notice is published.Step 3: Any objections to marriage
Anyone can object to the judicial marriage within 30 days of the notice of the prospective marriage being published. A person may file an objection to marriage with the marriage officer if the marriage violates any of the prerequisites for a court marriage. However, the opposition to marriage should be legal rather than personal. The marriage officer must inquire about the objection within 30 days of receiving it. After investigating the objection, the marriage officer may solemnize the marriage if it does not break any marriage conditions.Step 4: Parties' and witnesses' declarations
When there are no objections to the marriage or when the objection is dismissed by the marriage officer, the parties must appear before the marriage officer and submit a declaration. In the presence of the marriage official, the parties to the marriage and three witnesses must submit the declaration provided in the third schedule of the Act. The declaration will also be countersigned by the marriage official.Step 5 - Marriage Location
The marriage might take place at the marriage officer's office or another location within a reasonable distance chosen by the parties. If the parties choose another location for the wedding, they must pay the additional fees as specified. The marriage can be celebrated in any way the parties see fit.Step 6: Marriage certificate
After the marriage is solemnized, the marriage officer will issue the marriage certificate. The marriage certificate must be signed by both spouses and three witnesses. The marriage certificate is conclusive proof of the union. The marriage official will record the wedding information in the marriage certificate book.FEE FOR COURT MARRIAGE
The parties must pay the court marriage fee to the marriage officer's office. The cost of a judicial marriage varies by state. Court marriage fees typically vary from Rs.500 to Rs.1000.Q1 : How Long Does It Take To Get A Date For Court Marriage In India?
Ans : Typically, it takes 30 to 60 days to get a date for court marriage in India. This includes the process of publishing the notice of intention and allowing the Marriage Officer 30 days to raise any objections before solemnizing the marriage.
Q2 : Can Court Marriage Be Done Twice In India?
Ans : No, a couple cannot do court marriage twice in India as per the Indian Special Marriage Act, 1954.
Q3 : Can I Register My Marriage Anywhere In India?
Ans : Yes, you can register your marriage anywhere in India. However, for marriages under the Hindu Marriage Act, it can be registered in the office of the Registrar of Marriage within the jurisdiction where the marriage took place or where either the bride or the bridegroom has been residing for the past six months.
Q4 : How Many Types Of Court Marriages Are There In India?
In India, there are two types of court marriages: under the Hindu Marriage Act, 1955 for Hindu, Buddhist, Jain, and Sikh couples, and under the Special Marriage Act, 1954, which is a secular law applicable to all Indian citizens.
