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Court Marriage in India - LawSimpl

Court Marriage in India

Introduction

The Special Marriage Act of 1954 governs court marriages in India. In the presence of a Marriage Officer and three witnesses, the marriage can be solemnized in court. No of their caste, religion, or creed, two Indians can get married in court. Contrary to traditional marriages, court marriages are unique. Court marriages take place in front of the marriage officer in the courtroom. There are no customs observed that are common at a typical wedding.

Benefits of Court Marriage

  1. It is more affordable and straightforward.
  2. It avoids the high costs associated with wedding ceremonies and traditions.
  3. The marriage may be solemnized in any manner desired by the contracting parties.
  4. It guarantees both parties’ agreement. Both parties to a marriage voluntarily sign the marriage license. However, much like in a religious marriage, the parties’ permission may or may not be freely given.

Who is eligible for Court Marriage?

  1. The parties must all be citizens of India, at least one of them.
  2. The bride must be 18 years old, while the bridegroom must be 21.
  3. Neither party has a spouse living.
  4. Neither side is a moron or an imbecile.
  5. The parties do not engage in a connection that is illegal in any way.
  6. There should not be any other active, legally recognized marriages between the parties.

What is the process of Court Marriage?

The “Special Marriage Act, 1954” regulates the court marriage process, which is followed by most people in the country. Regardless of caste, religion, or ethnicity, a court marriage can be performed between two individuals (belonging to the same or distinct nations). To get a marriage certificate, interested parties may apply directly to the Marriage Registrar.

Step 1: Send a “Notice of Intended Marriage” in the appropriate form to the district’s marriage registry office where at least one of the parties to the marriage has resided for at least 30 days prior to the date of the notice.

Step 2: The Registrar of Marriage then publishes or posts the notice, requesting any objections.

Step 3: If no one objects, the marriage may be solemnised after 30 days have passed after the date when notice of the intended marriage was published.

Step 4: At the designated marriage office, the marriage may be solemnised.

Court Marriage in Delhi

During the morning session of any working day, one must visit the office of the additional divisional magistrate in the jurisdiction of either the wife or the husband. Every zone has its own requirements for marriage registration, and the website offers a checklist for those interested in applying online.

Required Documents for Court Marriage

  1. Four passport-sized photos of the couple getting married are required.
  2. The boy and the girl are age-proof.
  3. If any of the partners has previously been divorced, they should provide this information together with the court-issued divorce certificate.
  4. In the event of a widower, the spouse’s death certificate must be supplied.
  5. People who will be the witnesses should even bring identification documents and passport-sized photos.
  1. In Delhi, court marriages can be performed in a number of venues, including Patiala House, Rohini, TIS Hazari, South Delhi, and East Delhi.

How to file for marriage registration

The act of registering your marriage is required. However, one should exercise extreme caution and provide all necessary documentation when registering their marriage. Delhi citizens prefer to register their marriage because the court marriage procedure is simple here. Every marriage must be registered, which requires the submission of the necessary paperwork and the completely completed and signed application form by both the husband and wife. The Hindu Marriage Act, which allows Hindus, Sikhs, Jains, and members of the Hindu community to register their marriages, serves as the foundation for this registration procedure. Before issuing the certificate, all the proofs that are presented with the application forms are checked. After carefully inspecting, they will set a time for people to come pick up their certificates.

Application Charges for Registration:

Application Fee for Registration: Rs. 100/-

Special Marriage Act: 150/-

Additional Conditions for Court Marriage

  1. Along with the form, the bride and groom’s names and signatures are included.
  2. To apply for a marriage licence, the bride must be at least 18 years old and the husband must be at least 21.
  3. If necessary, a priest must provide proof of a temple wedding.
  4. In addition to evidence of age, a ration card or other form of identification is needed.
  5. These documents must be presented with a copy of the wedding invitation and the wedding photo put on paper.
  6. Both sides’ eyewitnesses.
  7. To get the marriage registered, both spouses must submit any further essential documents without fail.

Online Court Marriage Registration in Delhi

You can also submit an application for a court-marriage in Delhi by doing the following:

  1. Enter all of your personal information into the application after visiting the website.
  2. After completing the form, print it off together with the acknowledgment receipt, which will have a number.
  3. Send the printed form registered mail to the relevant officer who handles it.After posting the application with all necessary supporting papers, the applicant can even check the status of the application.
  4. The officer will assign you a 10-digit number after checking, and once your paperwork is completed, you meet with the officer to officially register your marriage.

Inter-Community Marriage: If your marriage is between two different communities or castes, you may obtain your marriage licence under the provisions of the Special Marriage Act. 30 days prior to the wedding, one should submit an application, after which it can be certified. The following papers are needed:

  1. Properly completed application form, with the bride and groom’s signatures.
  2. Receipt of the Rs. 15/- charge that was deposited with the district cashier
  3. Age verification for both parties
  4. Evidence of a stay in Delhi that should have lasted more than 30 days
  5. Affidavits signed separately by the bride and groom stating:
  6. the birthdate.
  7. current state of marriage
  8. Confirmation that there are no connections between the parties
  9. Both parties’ two passport-size photos, attested by a Gazetted Officer.
  10. For divorcees, a copy of the divorce decree or order, and for widows or widowers, a copy of the spouse’s death certificate.
  11. And only the office under the jurisdiction where the bride or the bridegroom resides may register any marriage under this particular act.

Court Marriage in Mumbai

Step 1: Give marriage notice

The marriage officer must receive notification from both parties before a judicial marriage can take place in Bandra. The parties must notify one another in writing that they intend to get married.

Step 2: Make the notice public

That notice is published by the marriage official. They wait 30 days after posting for any objections. The Mumbai court marriage is performed by the marriage officer if there are no objections.

Step 3: Disagree with the marriage

if anyone objects to the union within 30 days of the notice’s publication. The Mumbai court marriage process will go against section 4 of the legislation. However, only if the objection is legitimate and not based on personal factors.

Step 4: Statement of the Parties and the Witnesses

Three witnesses are required before the marriage can be performed in court. In front of the marriage officiant, each witness must sign and make a declaration.

Step 5: Marriage certificate

The marriage certificate is given by the marriage officer following completion of all procedures. Both parties have signed this certificate.

Documents needed in  for the bride and couple

  1. The application form that both parties signed
  2. Evidence of birthdate
  3. The Address Proof
  4. Identification photo size
  5. The death certificate or the divorce decision, if the parties were previously married
  6. A declaration from each party stating that the other is not related to them in any way that falls under the special marriage act’s definition of prohibited relationships
  7. Receipt for the application form’s fee payments

Necessary paperwork is required for three witnesses

  1. a picture the size of a passport
  2. a copy of your PAN card
  3. evidence of identity

Where to apply in Mumbai for a court marriage

  1. Mumbai sub-urban region office
  2. Mumbai region office
  3. Thane and Navi Mumbai office

What are documents required?

Bride and Groom Documents:

  1. Both the bride and the groom have properly signed the marriage application.
  2. receipt for the payment made
  3. Documentation proving the ages of both parties (SSLC book or Birth Certificate)
  4. evidence of a home address (Aadhar Card, Voter ID, Ration Card or Driving License)
  5. Affidavit
  6. A portrait of the couple the size of a passport (2 copies)
  7. A copy of the divorce decree in the event of a divorcée, and the spouse’s death certificate in the case of a widow or widower.

Paperwork required from Witnesses: 

  1. one PAN card with a passport-sized photo
  2. Identification documents such as a driver’s licence or Aadhar Card

Required Documents for Foreign Nationals

The applicant must present the following documents in addition to those listed above in the event that a court marriage is solemnised between an Indian and a foreign national:

  1. Copy of passport and visa, if applicable.
  2. Documentary proof that one of the parties has resided in India for longer than thirty days (residence proof or a station house officer (SHO) report).
  3. A foreign partner must get a NOC or a marriage status certificate from the relevant embassy or consulate in India.

Format for Notice of intended marriage 

Is the process same across all religions?

Under the Special Marriage Act, anyone of any caste or creed may apply for a court marriage. It requires roughly 40 days. It’s a non-ceremonial marriage. A marriage application is made at the initial court session, after which a 30-day notice is given. And if no objection is lodged in 30 days, marriage certificate is issued. Only after the file is ready can an application be made. Advocates who offer this service are scarce. Marriage solemnization and registration are two different processes; the former involves physically becoming married through rituals and ceremonies, whereas the latter involves having the marriage entered into official records.

There are only three types of laws in India that allow for the registration of marriages and the issuance of marriage certificates by civil authorities like marriage registrars, and they are as follows:

1. The 1955 Hindu Marriage Act (this law is applicable on Hindus including Jain, Buddhists and Sikhs, both intra-caste and inter-caste marriage can be performed and registered under this law as the only condition is that both bride and bridegroom should be Hindus.)

2. 1954 Special Marriage Act

3. The Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998, is the state’s marriage registration law, if it exists.

What is the cost of court marriage?

Fees for court marriage proceedings typically range from Rs. 500 to Rs. 1000. However, it is a good idea to double-check the costs before submitting the court marriage application form. The charges for court marriages change accordingly to the state where you are willing to do court marriage.

How much time the whole process takes?

Starting with giving notice, the complete process can take up to 60 days. Providing that no objections are raised within 30 days of the notice’s publication date. If an objection is raised, the Marriage Officer has a maximum of 30 days to conduct an investigation.

Do I need to register my court marriage separately?

No. Even though they go by different titles, court and registered marriages are the same kinds of union. Only the marriage register performs marriages; not the court registry.

Who can be a witness?

Anyone can be a witness to court marriage, including family members, friends of the couple, coworkers, and friends. Additionally, a court marriage must be solemnized in front of three witnesses.

Do I need my parent’s permission for court marriage?

A marriage just needs the consent of the couple, who must be of legal marriageable age, according to the Indian constitution.

Complexities that you face in a court marriage.

Contrary to traditional marriages, which involve extensive religious rites, months of planning, and customary rituals, judicial marriages are generally less complicated. The following are the few challenges that come with a court marriage:

  1. The dates for appearance and solemnization of the court marriage depend on the date that the marriage officer allots for everyone. Even in an emergency, the wedding cannot take place before the scheduled date (30 days after the notice is published only when no objection is raised by anyone).
  2. The marriage can be delayed for a lengthy time by a valid objection, and the Marriage Officer’s judgment is final. The parties must file an appeal with the District Court for the same if the Marriage Officer upholds the objection.
  3. Since working internet portals are not available everywhere, most places require that the entire process be completed manually by visiting the marriage officer’s office.
  4. To be qualified to give notice to the marriage officer of that region or district, one must have resided there for at least 30 days. Therefore, in general, a person cannot apply for marriage at a location other than the one in which they now reside.
  5. There are regional variations in the paperwork needed, the costs involved, and the people designated as marriage officers. Generally speaking, it follows the laws established by the individual States.
  6. The notice expires and a new notice must be given to the marriage officer if the marriage is not conducted within three months of the date of delivering the notice.
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