In India, court marriage is a legally recognized form of marriage, providing a simple and efficient way for couples to solemnize their union without the need for traditional ceremonies or religious rituals. This form of marriage has gained popularity over the years due to its straightforward process and recognition under the Special Marriage Act, 1954.
Documents Required for Court Marriage in India
The documents required for court marriage in India may vary slightly from one state to another or based on the specific requirements of the Marriage Registrar's office. However, the following are the commonly required documents for court marriage in India-
Passport-sized photos of the intended parties.
Proof of age for both parties:
Birth certificate
School leaving certificate
Passport
Any ID issued by the government that includes the date of
Proof of address for both parties:
Ration card
Aadhar card
Passport
Electricity and water bills having date of birth in it
Affidavit of the bride and groom stating their date of birth, marital status (unmarried, divorced, or widowed), and nationality. This affidavit should also mention that they are not related within the prohibited degrees of relationship as per the law.
Passport-sized photographs and identification proof of three witnesses who will be present during the marriage ceremony. The witnesses should be of legal age (18 years or above) and have valid identification documents.
Divorce Decree or Death Certificate (if applicable) - If either party has been previously married, they need to provide a copy of the divorce decree or death certificate of their former spouse.
Court Marriage Procedure in India
Eligibility and Intent- The first step towards court marriage is ensuring the eligibility of the couple. Both parties must be of legal marriageable age, which is 18 years for the bride and 21 years for the groom. They should be mentally sound and capable of giving valid consent to the marriage. Additionally, they must not have a living spouse at the time of applying for court marriage.
Notice of Intended Marriage- Once the couple confirms their eligibility, they need to give a formal notice of their intended marriage to the Marriage Registrar of the district where either of the parties has resided for at least 30 days preceding the date of the notice. The notice of intended marriage must be submitted in a prescribed form, which is available at the office of the Marriage Registrar or online on the official website of the concerned department.
Publication of Notice- The Marriage Registrar will then publish the notice of intended marriage at his office or on the official website for a mandatory period of 30 days. This step is intended to allow anyone with objections to the marriage to come forward and raise concerns. If no objections are raised during this period, the marriage can proceed as planned.
Objection Process- In case an objection is raised during the 30-day notice period, the Marriage Registrar will conduct an inquiry to investigate the matter. The Registrar will hear both parties and any other relevant witnesses before making a decision on whether the objection is valid or not. If the objection is found to be baseless, the marriage can proceed. If the objection is deemed valid, the couple may need to reconsider their marriage plans or follow the appropriate legal course to resolve the issue.
Declaration and Affidavits- After the 30-day notice period and the objection process (if any) have been completed; the couple can proceed to solemnize their marriage. They need to visit the Marriage Registrar's office on the specified date and time and make a declaration in the presence of the Registrar and three witnesses. Both parties must sign the marriage certificate, and the witnesses will also sign as a testimony to the marriage.
Additionally, the couple must submit affidavits stating that they are of legal marriageable age, unmarried, mentally sound, and not related to each other within the prohibited degrees of relationship.
Photographs and Documents- The couple must provide passport-sized photographs, along with the necessary documents, to the Marriage Registrar.
Registration and Certificate- After completing all the formalities and submitting the necessary documents, the Marriage Registrar will enter the marriage details in the Marriage Register. The couple will be issued a marriage certificate, which is an official document confirming the legality of their marriage under the Special Marriage Act, 1954.
The lawyers assist the court-married couple with legal documentation, ensure compliance with marriage laws, offer advice, and represent couples during the court marriage procedure in India.
One can talk to a lawyer through Lead India for any type of legal advice. In India, free legal advice online is accessible through Lead India. Along with obtaining free legal advice online, you can also ask questions to experts online free at Lead India.
Source:-
Visit Us: — Https://Www.Leadindia.Law
Call Us: +91–8800788535
Email: Care@Leadindia.Law
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
Comments