How Do I Get A Court Marriage Done In India?

In India, the Special Marriage Act of 1954 governs court marriage. In the presence of a Marriage Registrar and three witnesses, the marriage is solemnized in court irrespective of caste, religion, or creed. An Indian and a foreigner can also get married in a court marriage.

The Prerequisites for Court Marriage

The court marriage rules are outlined in Section 4 of the Special Marriage Act.

  • Before agreeing to the terms of the Civil Marriage Contract, the parties must fulfill the requirements outlined under the Act.
  • Either party cannot have a legally binding ongoing marriage with any other party. If the former spouse is deceased or a divorce has been granted, then only the couple may proceed with a court marriage.
  • The parties should have freely consented to the court marriage, which means that none of the parties must be incapable of giving legal consent due to mental incapacity or any other circumstance.
  • The legal age for court marriage is 18 for women and 21 for men.
  • The degree of any prohibited relationship should not apply to the parties to the marriage.

Necessary Documents in India for Court Marriage

For the court marriage process to be completed, the applicant must present specific documents. They are:

Documents of Parties to the Marriage

  • Both parties to the marriage should properly sign the marriage application.
  • Birth Certificate of both parties 
  • Receipt of the fees paid
  • Proof of a residential address 
  • Affidavit
  • Passport-size photographs of the parties (2 copies)
  • A copy of the divorce decree in the case of a divorcee and the spouse's death certificate in the case of a widow or widower

Documents of the Witnesses

  • Photograph of passport size
  • PAN card
  • Identification proof

Documents for Foreign Nationals

The applicant must provide the relevant documents in addition to those listed above in the case where a court marriage is solemnized between an Indian and a foreign national:

  • Copy of passport and, if necessary, visa
  • Documentary proof that one of the parties has resided in India for longer than thirty days (residence proof or a report of Station House Officer)
  • A foreign partner must get a NOC or a certificate of marital status from the relevant embassy or consular office in India

Procedures of the Indian Court Marriage System

The court marriage process in India is as follows:

Notice of Intention to Marriage- The first stage in a court marriage is the notice of intention to marry. The Marriage Registrar of the areas where at least one of the couples has lived for a thirty-day period following the date on which the notice is provided receives notice from the parties to the marriage in the required format.

Publication of the Notice- The notice is made public by the marriage registrar by being posted in the Marriage Registrar's office, where it is accessible to all. The original copy of the notice is kept in the office files.

Objection to Marriage- Within 30 days of the date the marriage registrar's notice gets published, anyone who has an objection to the marriage voice it. The court marriage procedure comes to an end if the marriage registrar determines that the raised objection is valid. However, if the officer determines that the objection is baseless, the registration process for court marriage continues.

Statements of the Parties and the Witnesses- Before being married, the partners sign the application form for court marriage application with the statement of three witnesses, attesting that they are getting married voluntarily.

Solemnization of Marriage- The parties decide to get married anywhere within a reasonable distance, including the marriage registrar's office. The additional fees are paid as specified if the parties choose to have the marriage solemnized anywhere else. Any format the parties decide to use for the marriage ceremony is adopted.

Receiving the Marriage Certificate- The marriage gets solemnized in accordance with the norms and regulations of the Special Marriage Act, the marriage registrar records the information in the marriage register and issues the marriage certificate. After the signatures of the parties and the witnesses, the certificate of court marriage serves as proof of the couple's valid union.

You will need a well-experienced and competent lawyer to carry out the court marriage procedure smoothly. If you want to have court marriages in Bangalore, then Court Marriage Lawyers In Bangalore can be hired, and if you want to have court marriages in Chandigarh, then Court Marriage Lawyers In Chandigarh can be hired. Likewise, Court Marriage Lawyers In Delhi can be hired if you want court marriages in Delhi.

You can talk to a lawyer at Lead India Law. At Lead India Law, you can ask questions to experts online for free and receive free legal advice online.

SOURCE

Visit Us: - https://www.leadindia.law

Call Us: - +91-8800788535

Email: care@leadindia.law

YouTube: - https://www.youtube.com/c/LeadIndiaLawAssociates

Facebook: - https://www.facebook.com/leadindialaw

LinkedIn: - https://www.linkedin.com/company/76353439

Twitter: - https://twitter.com/leadindialaw

Pinterest: - https://in.pinterest.com/lawleadindia

Instagram: -https://www.instagram.com/leadindialawofficial

Court Marriage Lawyers In Delhi, Court Marriage Lawyers In Bangalore, Court Marriage Lawyers In Chandigarh

Location: Vikas Marg, Delhi, India

Comments

Post a Comment

Popular posts from this blog

Do Killing A Pet Animal Is A Criminal Offence?

Image
The Indian scriptures and traditions acknowledge the need to safeguard animals. The laws in India continue to be a means of assuring their safety and existence. The government has repeatedly sought to put in place a strong framework to protect animals from any possible attacks on them. The Indian Constitution  Under Article 48A of the Constitution, the State must strengthen animals and protect the nation's wildlife. It works to increase the number of animals and make sure they are safe from all attacks. Under Article 51A (g) of the Constitution, Every citizen has a fundamental obligation to preserve and enhance forests and animals, as well as to show compassion for all living things. Under Article 21 of the Constitution, the rights of animals are guaranteed as a result of the court's broad interpretation. In accordance with the legislation of the land, every animal has the right to life and security, and this right is enlarged to encompass not only humans b
Read more

What Is Section 3 Of Hindu Marriage Act And What Does It Mean

Image
Due to multiple instances of marriage-related fraud cases that left both men and women afraid or ashamed, this regulation was introduced. Any individual who identifies as a Hindu, Jain, Sikh, or Buddhist and who is not also a Muslim, Christian, Parsi, or Jew or who is subject to another law is obligated to follow it by this act. Any person who is a Hindu by birth or by religion is subject to this regulation. In Section 2 of the Hindu Marriage Act, a comprehensive definition of a Hindu is provided. Section 3: The forbidden degrees of ties that were outlined in the Smritis were repealed by Section 3 of the Hindu Marriage Act of 1955, and new prohibited degrees of relationships, including one, cannot wed his brother's spouse. However, divorcees and widowed women are exempt from this regulation. The terms "Custom" and "Usage" refer to any rule that has been legally binding among Hindus in any particular locality, tribe, community, group, or family after being consis
Read more

Process Of Court Marriage In Rural Areas Of India?

Image
Every Indian citizen, even those who are foreigners, is subject to the procedure outlined in the Special Marriage Act of 1954. You can follow the identical steps outlined in the act for your court marriage if you want to wed a foreign boy or girl. In other words, you can get married in court to your partner regardless of their caste, religion, or nationality. Due to the fact that a judicial marriage saves time and money, it is one of the best ways to get married. Conditions:                    The man or female who will be in a court marriage shouldn't already be married. However, if a divorce has already been finalized, the person can still get married in court using the same process. Simply put, a person cannot be married to more than one person at once. The person must possess a divorce certificate if they were divorced. The bride and groom must provide their unrestricted approval. Any permission given unlawfully, forcibly, or under duress shall not be regarded as voluntary
Read more