Court Marriage Legal Service In Mumbai

Introduction

Court marriages and customary marriages in Mumbai are not the same. Court marriages are classified as civil partnerships and can be accomplished by any two people, regardless of their religious or cultural background, or any other beliefs, as long as both parties give their approval.

Compared to customarily solemnised marriages, court marriages are less costly and intricate. Through a simple procedure that is carried out in front of three witnesses and a marriage registrar, they enable couples from various nationalities, religions, and castes to formally record their commitment to one another.

A judicial marriage cannot be registered online; instead, both spouses and witnesses must appear in person at the marriage registrar's office.

Eligibility Criteria For Court Marriages In Mumbai

1. The bridegroom should be 21 years old, while the bride should be 18 years old.
2. There shouldn't be any mental illness among either party.
3. When they get married, they ought to be able to provide their consent in a legal manner.
4. Neither of the two people has a mental illness.
5. When the parties get married, they had not been living as husband and wife.

How Is A Court Marriage Beneficial In Mumbai? 

1. Comparing with the traditional marriages, which have the potential to be quite expensive, court marriages are less expensive.
2. A court marriage is recognised by the law as well, and a court-issued marriage certificate serves as documentation of the union.
3. A judicial marriage is a secular, non-religious partnership that is not bound by any kind of religious or customary laws. It is available to everyone, irrespective of caste, creed, or religion. 
4. Court marriages are intimate, low-key occasions with few guests and little planning.

Documents Required For A Court Marriage In Mumbai

1. The application that both parties have agreed to sign.
2. Proof of birth
3. Proof of residence 
4. Passport-sized pictures
5. The death certificate or the divorce decision, if the couple were married previously.
6. Confirmation from both parties that their relationship does not fall under the category of prohibited relationship as specified by the special marriage legislation.
7. Acknowledgment of the application form costs.

Documents For Witnesses:

1. A passport-sized photo
2. A copy of your PAN card 
3. Valid ID proof

Procedure For Court Marriage In Mumbai

Step 1: Marriage notice- In Mumbai, both parties must submit notice to the marriage officer before entering into a court marriage. The parties must notify each other that they plan to get married.

Step 2: Publish the notice- That notice is published by the marriage official in Mumbai. They wait thirty days following publication before addressing any objections. The Mumbai register marriage is performed by the marriage officer if there are no objections.

Step 3: Disapproval of the union- If, within 30 days of the notice being published, someone objects regarding the marriage. Section 4 of the statute will be violated by the court marriage procedure in Mumbai. But only in the event that the objection is founded in law rather than sentiment.

Step 4: Parties' and witnesses' declarations- Before getting married at the appropriate Mumbai court, you must have three witnesses. The three witnesses' declarations and signatures must be presented to the marriage officer.

Step 5: Marriage certificate- The marriage certificate is granted by the marriage officer after completing all the procedures. The certificate will be signed by both parties before the Marriage Registrar in Mumbai.

Court Marriage Fees In Mumbai

States vary in what they charge for a court marriage. However, in general, the Hindu Marriage Act stipulates that the court marriage fee is Rs. 100. Additionally, it is Rs. 150 under the Special Marriage Act.

Role Of Lawyers In The Process Of A Court Marriage

1. Legal Guidance: By describing the prerequisites and procedures that must be fulfilled for a marriage to be officially recognised by the law in their locality in Mumbai, a lawyer can provide the couple with legal advice. They can ensure that the couple understands their responsibilities and rights.
2. Preparing Documents: Lawyers can help with the drafting of any necessary documents, including affidavits and applications for marriage licences.
3. Testimony: When the couple decide that a judicial marriage in Mumbai requires witnesses, a lawyer can help them locate appropriate witnesses and ensure that they meet all legal criteria.
4. Resolution of disputes: In order to ensure a harmonious and legally accepted marriage, a lawyer can mediate and help resolve conflicts that may come up during a marriage.
5. Compliance with Local legislation in Mumbai: Lawyers ensure that the marriage complies with all local legislation in Mumbai to prevent future legal issues.
6. Marriage Registration: To ensure that a union is recognised by the law, lawyers can assist with the documentation required to register a marriage in Mumbai with the appropriate government body.
7. Pre-nuptial Agreements: When the couple wish to specify their property and financial arrangements or develop pre-nuptial agreements, a lawyer can help with the creation and formalisation of these agreements.