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WHAT IS THE PROCESS OF COURT MARRIAGE IN RURAL AREAS OF INDIA?

  • Writer: leadindia422
    leadindia422
  • Aug 12, 2024
  • 4 min read

Court Marriages In India, Unlike Marriages As Per One’s Customs, Are Done In Accordance To The Provisions Provided Under The Special Marriage Act, of 1954. As Per The Act, A Marriage Could Also Be Solemnised In The Court Or In The Presence Of The Marriage Officer And Three Witnesses.

Who Is Eligible?


Two Persons, Of Different Genders Belonging To Different Castes, Religions, Place Etc. Can Marry Through The Court. Thus, Court Marriages In The Rural India Take Place In A Similar Manner As Is Done In Other Parts Of The Country. 

Certain Conditions Which Have To Be Fulfilled For Two Persons To Register For Court Marriage Have Been Mentioned Below-

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

  • The Male Applying For The Court Marriage Should Have Completed The Age Of 21 Years While The Female Should Be 18 Years Old Or Above.

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


Documents Required: 


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

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

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

  • Documentary Evidence Proving That At Least Either Of The Parties To The Marriage Reside In The Area Under The Jurisdiction Of The Marriage Officer.

  • Affidavits From Both Parties Regarding- 

  • Date Of Birth Of The Parties

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

  • Affirmation From The Parties That They Do Not Fall Within The Degrees Of Prohibited Relationship As Per The Act.

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


Procedure For Court Marriage-


As Provided In Chapter Ii, Of The Act Of 1954, Titled As “Solemnization Of Special Marriages”, Court Marriage Procedure Could Be Understood As Follows-


Notice For Intended Marriage


Section 5 Of The Act Of 1954 Provides That A Notice Is To Be Given To The Marriage Officer. The Parties Are Required To Provide The Notice In Writing And In The Form Mentioned In The Second Schedule To The Marriage Officer. The Marriage Officer So Mentioned Should Have Jurisdiction Over The Area Where At Least One Of The Parties Have Resided For A Period Not Less Than 30 Days. 


Publication


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

All True Copies Of The Notice For The Court Marriage Will Be Kept In The Marriage Notice Book.

In Case, The Parties Applying For The Court Marriage Do Not Reside In The Area Falling Under The Jurisdiction Of The Marriage Officer Then He Shall Send The Copies Of The Notice To Be Published In His Office.


Objection 


As Per Section 7 Of The Act, Any Person Can Raise An Objection To The Notice Of Marriage Published In The Office Of The Registrar. Such  Objection Should Be Raised On The Grounds Provided Under Section 7  Of The Act.

  • This  Objection Must Be Raised Within A Period Of 30 Days From The Publication Of The Notice.

  • The Objection So Raised Against The Marriage Application Shall Be Recorded In The Marriage Notice Book By The Marriage Registrar.

  • As Per Section 8 Of The Act, A Marriage Officer Would Have A Period Of 30 Days To Enquire About The Validity Of Any Such Objection Raised.

  • The  Marriage Would Be Solemnised If The  Objection Raised Was Not Found To Be  Valid.

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


Place Of Solemnisation


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

The Court Marriage Would Be Valid Only If Both Parties In The Presence Of The Marriage Officer Declare That They Are Ready To Get Married To The Other Party And Three Witnesses Should Also Be Present.


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 Above Discussion, It Could Be Understood That The Procedure For Court Marriage Is Similar In The Entire Country. Thus, It Doesn’t Matter If You Are From A Rural Or Urban Place, The Procedure Would Remain The Same. In Case There Are Still Some Doubts Or You Wish To Talk To A Lawyer Regarding The Same, You May Seek Legal Guidance From Experienced Court Marriage Lawyers In Ahmedabad.


It Is Further Advised That To Ensure That Your Court Marriage Process Is Followed Smoothly, You Should Seek The Assistance Of An Experienced Court Marriage Lawyer In Delhi.


Lead India Offers You An Experienced Team Of Advocates Who Not Only Help The Parties To Get Married Through The Court, But Successfully Represent Their Clients In Civil Or Criminal Matters As Well. Thus If You Wish To Seek Free Legal Advice Online Or Ask A Legal Question, You May Contact Us. 



Visit us: — www.leadindia.law

Call Us: +91–8800788535


 
 
 

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