Court marriages are different from than that of traditional Indian marriages. Court marriage belongs to the category of civil marriages and can be done between any two people irrespective of their religion, tradition, customs of belief as long as both have mutual consent to get hitched.
Here is the complete guide for those who are intended to tie a knot through civil (court) marriage.
Important points you need to know:
- The court marriage cannot be registered online, and both parties along with witness should be present at the marriage registrar’s office.
- As long as you can provide the required documents as well as satisfy all legal conditions, you don’t need approval from your parents for court marriage.
For clearing your doubts regarding court marriage process you can reach the Delhi lawyers. Here are the steps how you can register your court marriage in India.
First, you need to understand the court marriage conditions which are determined by the government:
- No existing marriage: None of the party should have a valid marriage.
- Consent of both: the mutual consent of both parties is necessary for the solemnization of court marriage.
- Valid age: the male partner should be above 21 and the female should be more than 18 years.
- Ability to procreate: Both the parties should be for to procreate children.
- Prohibited relationship: The marriage should not belong to the “degree of prohibited relationship”. But if the religion or custom has the tradition, it would be permitted.
Steps for the solemnization of court marriage:
Apply for the marriage:
One must provide the application or notice to the court for the intended marriage. The notice/application should be given by both the parties.
It is important to provide the application before the 30 days of conduction of marriage. Also, one party must have stayed for 30 days in the state before the proposed date of marriage.
The notice format along with the documents mentioned in the scheduled II of the act such as age or residence proof.
NOTICE OF INTENDED MARRIAGE
To the Marriage Officer of the __________ District.
We hereby give you notice that a marriage under the Special Marriage Act, 1954, is intended to be solemnized between us within three calendar months from the date hereof.
Dwelling place: ___________________________________________________________________
Length of residence: _______________________________________
Permanent place of residence: _____________________________________________________
Groom’s Name (Choose One):
Bride’s Name (Choose One):
Witness our hands this ____________ day of 20__
Publication of Notice:
The notice is publication is announced by the authorities to whom the notice has been served. One notice for marriage is published at the office of district registrar and other is at the place of marriage.
Objection to marriage
Any person can raise an objection to marriage. If the objection has any valid ground, the marriage can be canceled but if there is no relevance to any of the factors related to court marriage laws, the objection will have no consequences.
The objectionable cases are raised to the district court and an officer is allotted to take care of the matter. The marriage officer must give the final verdict within 30 days.
A declaration has to signed by three witnesses, both parties and the countersigned by the marriage officer in the below-given format.
I, Name Here, hereby declare as follows:
- I am, at the present time, ________ (unmarried, widower or divorcee, as the case may be).
- I have completed ___ years of age.
- I am not related to _____, the bridegroom, within the degrees of prohibited relationship.
- I am aware that if any statement in this declaration is false and if in making such statement I either know or believe it to be false or do not believe it to be true, I am liable to imprisonment and also to a fine.
Signed in our presence by the above-named Groom Name and Bride Name. So far as we are aware, there is no lawful impediment to the marriage.
(Signed Witness 1)
(Signed Witness 2)
(Signed Witness 3)
(Countersigned Marriage Officer)
Dated: The ______ day of ______ 20__
Place of marriage
The marriage can take place at the office of the registrar or any of the places within the reachable distance. Both parties have to say in front of the marriage officer that;
“I, _______, take thee, ________, to be my lawful wife/husband.”
Certificate of marriage:
Once the court marriage is solemnized in the presence of a marriage officer, a certificate for the marriage registration is issued on the name of bride and groom in the below-given format
I, Marriage Officer, hereby certify that on the ___ day of ____ 20__, groom and bride appeared before me and that each of them, in my presence and in the presence of three witnesses who have signed hereunder, made the declarations required by Section 11 and that a marriage under this Act was solemnized between them in my presence.
Marriage Officer for __________ District
This is the complete details of how court marriage can be solemnized in India. If you are looking for legal advice or assistance to get married under the special marriage act 1954, Delhi lawyers can be your best assistant we well as a companion.