Special Marriage Act, 1954 provides for the solemnization of court marriage in India. The Act provides for marriages between people of different castes, religion, place of birth, race, etc without any discrimination. ‘Court marriage’ is basically used for marriages performed in the court of law in the presence of the marriage registrar, in the same presence of witnesses and in a simple ceremony. The parties interested to marry through the Court can apply for the same with the marriage registrar so as to get a marriage certificate. The procedure and the documents required for court marriage registeration in delhi have been mentioned below-
Eligibility for court marriage-
The bride should be at least 18 years old and the groom should be 21 years old or more.
The parties shall be of sound mind.
The parties must be able to give a valid consent at the time of marriage.
The parties must not be suffering from any insanity or mental disorder.
The parties should not come within the degrees of prohibited relationship.
Documents required-
The application form shall be carefully signed and filled by the parties.
Proof for date of birth.
Residential proof of the parties
Two passport size photos of the parties applying for court marriage
Death certificate of the previous spouse in case either of the parties is a widow/er
Decree of divorce ordered by the court in case either of the parties is a divorcee.
Receipt of payment of the fees for the application form in the District Court.
Affirmation by the parties that they do not fall within the degrees of prohibited relationship.
Process of Court Marriage
Notice of marriage- the parties have to give a notice to the marriage officer under whose jurisdiction either of the parties live. The parties shall give the notice of the intended marriage in writing and in the form as prescribed in the Second Schedule of the Act.
Publish the notice- the marriage officer will publish the notice for marriage by affixing it in some inconspicuous part of the office so as it could be seen by the general public. The notice shall be published for a period of 30 days from the day the notice was submitted, so as an objection against the marriage could be raised within this period.
Objection- as provided under Section 7 of the Act, an objection to the court marriage could be raised based on the grounds provided under Section 4 of the Act, thus not on a personal basis but on the legal grounds. The marriage officer under Section 8, shall enquire about the validity of the objection raised within a period of 30 days from the day the objection was raised.. In case the objection so raised is found to be invalid, the marriage officer shall solemnise the marriage.
Parties and the witnesses to be present on the date of marriage- three witnesses are required to be present in the court marriage. Signature and declaration as provided under Third Schedule of the Act, the parties and the witnesses shall sign the documents in the presence of the Marriage officer.
Certificate of Marriage- after the above mentioned steps have been followed, the parties shall be provided with the marriage certificate. The certificate must be signed by the parties and the witnesses. The certificate so provided is conclusive evidence of the court marriage.
Same day court marriage in Delhi ?
As could be inferred from the above discussion, court marriage in Delhi does not necessarily get done over within a day. A notice has to be submitted in advance and other procedures are also required to be followed as well. Hence, court marriage in Delhi in one day is not possible, to be precise. But, after having completed the paperwork as well as all the required documents have been submitted, all you have to do is to be present before the marriage officer on the date mentioned by him or her.
Lead India offers you a team of experienced advocates who could assist you with the various procedures and documentation required for the procedure for court marriage in Delhi. Hence if you wish to talk to a lawyer or seek free legal advice online, you may contact us through online as well as offline mediums.
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
Comentários