WHAT IS THE COMPLETE PROCESS OF COURT MARRIAGES IN INDIA?

leadindia422
Aug 7, 2024
4 min read

Court Marriages In India, Are Solemnised In Accordance To The Provisions Of Special Marriage Act, 1954. As Per The Act, Marriages Could Be Solemnised In The Court In The Presence Of Marriage Officer And Three Witnesses. To Under The Legal Provisions In A Better Light, You Could Seek Legal Opinion From Court Marriage Lawyers In Patna Or Your Own City.

Eligibility For Court Marriage-

Two Persons Of Different Genders Belonging To Any Caste, Religion, Place Etc. Can Marry Through The Court. Certain Conditions Have Been Provided Which Are Required To Be Fulfilled For Two Persons To Register For Court Marriage-

There Shall Be No Pre-Existing Marriage, Even In Case There Was, No Living Spouse Should Be There, I.E.The Person Applying For A Court Marriage, If Was Married Earlier, Then At The Time Of Filing For The Court Marriage Must Be Either A Divorcee Or A Widower/Widow.
The Male Must Have Completed The Age Of 21 Years And The Bride Must Be Above18 Years Old.
Parties Filing For Court Marriage Must Not Fall Within The Degrees Of Prohibited Relationship, Provided That Customs Governing At Least One Of The Parties To The Marriage Allows So.

Documents Required:

Application Form Is Required To Be Duly Filled And Signed By The Parties
Receipt Of The Fees For The Application Form
Documents For The Date Of Birth Of Both The Parties.
Documentary Evidence Proving The Stay Of Either Parties In The Area Under The Jurisdiction Of The Marriage Officer.
Affidavits From The Parties Regarding-
Date Of Birth
Present Marital Status Of The Parties To The Marriage I.E. If They Are Unmarried, Divorcee Or Widow/Er
Affirmation From The Parties That They Do Not Fal Within The Degrees Of Prohibited Relationship As Per The Act.
Passport Size Photos Of The Parties To The Marriage To Be Duly Attested By A Gazetted Officer.

Procedure For Court Marriage-

Chapter Ii Of The Act Entitled As “Solemnization Of Special Marriages”, The Court Marriage Procedure Could Be Understood As Follows-

Notice For The Intended Marriage

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

Publication

The Marriage Officer Will Then Publish The Notice In An Inconspicuous Part Of His Office From Where It Is Publicly Visible. True Copies Of The Notice Shall Be Kept In The Marriage Notice Book. If The Parties Do Not Reside In The Area Under The Jurisdiction Of The Marriage Officer Then He Will Send These Copies Of Notice To Be Published In Office Of The Marriage Officer Under Whose Jurisdiction Either Of The Parties To The Marriage Have Been Residing.

Objection

Mentioned Under Section 7 Of The Act, A Person Can Raise An Objection To The Notice Of Marriage Which Has Been Published In The Office Of The Registrar. Such Objection Could Be Raised On The Grounds Mentioned In Section 7 Of The Act.
The Objection Must Be Raised Within A Period Of 30 Days Of The Publication Of The Notice.
The Objection Raised Is Required To Be Recorded In The Marriage Notice Book By The Marriage Registrar.
Under Section 8, The Marriage Officer Would Have A Period Of 30 Days To Enquire About The Validity Of Such Objections Raised.
The Marriage Must Be Solemnised If Such Objection Was Not Found To Be Valid.
However, In Case The Objection Raised Was Found To Be Valid By The Marriage Officer Then Marriage Application Would Be Cancelled By The Marriage Officer, But The Matter Could Be Taken Into Appeal Before The Respective District Court By The Parties Concerned. For Further Information Or Legal Advice, You Can Seek Legal Advice From Experienced Court Marriage Lawyers In Jaipur Or Court Marriage Lawyers In Lucknow Or Lawyers From Your Own City.

Place Of Solemnisation

As Has Been Provided Under Section 12 Of The Act, Court 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 The Parties To The Court Marriage In The Presence Of The Marriage Officer Affirm That They Are Ready To Get Married And Also There Are Three Witnesses Are Present.

Certificate Of Marriage

The Marriage Certificate Issued Will Contain The Name Of The Parties, Witnesses, And The Marriage Officer Including Their Signatures, Including The Date Of Marriage.

Lead India Offers You A Team Of Experienced Advocates Who Have Been Successfully Helping Couples With Their Court Marriage, Hence, In Case You Wish To Talk To A Lawyer Or Seek Free Legal Advice Online, You May Contact Us.