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HOW MANY LAWYERS ARE MANDATORY FOR COURT MARRIAGE ?

  • Writer: leadindia422
    leadindia422
  • Aug 8, 2024
  • 4 min read

Court Marriages In India, Unlike Customary Marriages, Could Be Done In Accordance To The Provisions Of Special Marriage Act, 1954. As Per The Act, Marriages Could Also Be Solemnised In The Court As Well As In The Presence Of The Marriage Officer And Three Witnesses.

Who Is Eligible 


Two Persons Of Different Genders Belonging To Any Caste, Religion, Place Etc. Could Marry Through The Court.

Certain Conditions Have Been Mentioned In The Act, Which Are Required To Be Fulfilled For Two Persons To Register For Court Marriage-

  • There Shall Be No Pre-Existing Marriage, Even If There Was, No Living Spouse Should Be There, I.E.The Person Who Is Applying For Court Marriage, In Case Was Married Earlier, Then At The Time Of  The Court Marriage Should Be Either A Divorcee Or A Widower/Widow.

  • The Male Must Have Completed The Age Of 21 Years And The Female Should Be More Than 18 Years Old Or Above.

  • The Parties Filing For Court Marriage Must Not Be Within The Degrees Of Prohibited Relationship, Provided That The Customs Governing At Least One Of The Parties Allows So.


Documents Required: 


  • Application Form Must Be Duly Filled And Signed By The Parties

  • Receipt Of The Fees Paid For The Application Form Must Be Attached As Well

  • Documents Proving The Date Of Birth Of The Parties To The Marriage.

  • Documentary Evidence Proving The Stay In The Area Under The Jurisdiction Of The Marriage Officer.

  • Affidavits From Both Parties Regarding- 

    • Date Of Birth 

    • Present Marital Status Of The Parties I.E. If They Are Unmarried, Divorcee, Or Widow/Er

    • Affirmation That The Parties Are Not Within The Degrees Of Prohibited Relationship As Per The Act.

    • Passport Size Photos Of Both Parties Duly Attested By A Gazetted Officer.


Procedure For A Court Marriage-


Provided Under Chapter Ii Titled As “Solemnization Of Special Marriages”, The Court Marriage Procedure Could Be Understood As Follows-


Notice For Intended Marriage


Under Section 5 Of The Act, A Notice Must Be Given To The Marriage Officer. The Parties Are Required To Provide The Notice In Writing And In The Form As Prescribed In The Second Schedule To The Marriage Officer. The Marriage Officer Mentioned Above Should Have The Jurisdiction Over The Area Where At Least One Of The Parties Have Resided For A Period Not Than 1 Month.


Publication


The Marriage Officer  Would Then Publish The Notice In Some Inconspicuous Part Of His Office From Where It Is Visible To The General Public. 

All True Copies Of The Notices Must Be Kept In The Marriage Notice Book.

In Case  The Parties Are Not Residing In The Area Of The Officer Then He Would Send The Copies Of The Notice To The Marriage Officer Under Whose Area Of Jurisdiction, Either Of The Parties Have Been Residing For A Period Of 30 Days Or More. 


Objection

 

  • As Has Been Mentioned Under Section 7 Of The Act, A Person Could Raise Objection To The Notice Of Marriage Published In The Office Of The Registrar. Such Objection Could  Be Raised On The Grounds Provided Under Section 7  Of The Act.

  • These  Objections Must Be Raised Within A Period Of 30 Days From The Publication Of The Notice.

  • The Objection So Raised Must Be Recorded In The Marriage Notice Book By The Marriage Registrar.

  • As Provided Under Section 8 Of The Act, A Marriage Officer Has A Period Of 30 Days To Enquire About The Validity Of Such Objections Raised.

  • The Marriage Could Be Solemnised If Such Objection Was  Found To Be Invalid.

  • However, In Case  The Objection Raised Was Found To Be Valid By The Marriage Officer, Then In Such A Situation Marriage Won’t Be Solemnised In The Court, However, The Matter Could Be Taken Into Appeal Before The District Court By The Parties Concerned.


Place Of Solemnisation


Provided Under Section 12 Of The Act, Marriage Could  Be Solemnised At The Office Of The Marriage Officer Or At A Place Within A Reasonable Distance.

Marriage Shall Be Valid Only If Both Parties In The Presence Of The Marriage Officer Affirm That They Are Ready To Get Married To The Other Party In The Presence Of Three Witnesses.


Certificate Of Marriage


The Marriage Certificate Issued After The Court Marriage Would Contain The Name Of The Parties, Witnesses, And The Marriage Officer As Well As Their Signatures, Including The Date Of Marriage.


Conclusion


From The Discussion Above, It Could Be Inferred That The Procedure Of Court Marriage Though Seems To Be Simple, However, The Number Of Technicalities Of Paper Work Are Numerous And It Would Be In The Favour Of The Parties If The They Appoint An Experienced Court Marriage Lawyer In Delhi Or Court Marriage Lawyer In Ghaziabad Who Could Guide Them Through The Various Procedures Without Delaying Their Time. 


It Could Also Be Understood That The Number Of Lawyers To Be Appointed Is Not Important, But That The Required Documents Should Be Complete And Submitted Accordingly. Thus, If You Hire A Court Marriage Lawyer In Mumbai, He Would Ensure That The Whole Procedure For Court Marriage Is Concluded Properly.


Lead India Offers You A Team Of Experienced Court Marriage Lawyers Who Could Assist You With The Same. Hence, If You Wish To Talk To A Lawyer Or Seek Free Legal Advice, You May  Contact Us.



Visit us: — www.leadindia.law

Call Us: +91–8800788535


 
 
 

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