A court marriage occurs in accordance with the Act's procedure and is typical throughout the country. The marriage registrar performs the marriage without regard to a person's caste, creed, or religion. To obtain their marriage certificate, the bride and the groom may file an application for court marriage directly to the marriage registrar. The marriage registrar's office in the region or jurisdiction where the bride or groom resides is where the court marriage can be registered.
The Prerequisites for Court Marriage
If the following requirements are met at the moment of marriage, the marriage registrar may solemnize the bride and bridegroom's court marriage under the Act.
Neither the parties to the marriage must be married to living individuals.
The bride and the groom-
Are not incapable of providing a legally binding agreement to the marriage because they are mentally incompetent
Despite being able to give informed consent, does not have a mental illness that would prevent them from getting married or having children and
Should not have any on-going outbreaks of
The bride must have reached the age of 18, and the groom must have reached the age of 21.
The degree of a prohibited relationship between the bride and the groom should not be present.
Documents Needed in India for Court Marriage
Affidavits signed separately by the bride and the groom that include the following information-
Birth Proof
Relationship status- widower, single, or divorcee
Confirmation that the couple's relationship is not at the level of one that is forbidden
Identical passport-sized images of the couple to be
Proof of the bride and groom's residence
Birth dates proof of the parties to the marriage
A replica of the couple's signed notification of impending marriage
In the situation of a divorcee, a copy of the divorce decree, with a copy of the spouse's death certificate in the case of a widower or widow.
The following details must be included in the affidavits of both the bride and the groom for the court marriage. They are-
Birth dates
Relationship status: married, divorced, or widowed
A declaration stating that the individuals are not linked to one another in any way is prohibited
Two passport-size images of the bride and the groom
Copy of the divorce judgment or order in the situation of a divorcée, and the spouse's death certificate in the case of a widow or widower
The following documents must be presented by each and every witness-
A legal court marriage can only be solemnized in the presence of three witnesses. Anyone, including family members, colleagues, co-workers, and friends, may be a witness to a court marriage. Witnesses must provide the following papers for a court marriage-
Proof of the witnesses' residence
The witness's PAN card
Each witness's passport-sized photo
Any proof of the witness's identity (driving license, aadhar card, etc.)
Costs Incurred for Court Marriage
State-to-state variations exist in the court marriage fees. In filling up the online application for court marriage, it is usually important to verify the feed as it typically ranges from 500 rupees to 1000 rupees. However the fees may potentially exceed the cap. The cost structure for solemnizing a court marriage varies by state.
Time Required for Completing the Process of Court Marriage
The complete process for solemnizing a court marriage often takes 30 to 60 days.
After the publishing of the notice of intention, the marriage officer has 30 days to raise any objections to the wedding, if any, and if any objections arise at the time of marriage, the marriage registrar has only a 30 day period to conduct the inquiry.
The parties must provide the Marriage Officer a new notice if the wedding is not legally consummated within three months of the notification date.
Benefits of a Court Marriage
A court marriage is one that is solemnized by the marriage registrar. The certificate of marriage issued serves as proof of the union.
Economic union with a straightforward process
Reduces the high costs involved with wedding customs and ceremonies
The partners are free to determine how the marriage will be celebrated
Ensures that both parties have consented
You will need a lawyer to complete the court marriage by filing all the necessary documents required to solemnize it. You will need a lawyer in Jamshedpur to complete the Court Marriage in Jamshedpur by following all the procedures there, and you will also need a lawyer in Agra to complete the Court Marriage in Agra by following all the procedures there. Similarly, to complete the Court Marriage in Hyderabad by following all the procedures, you will also need a lawyer in Agra to complete the Court Marriage.
At Lead India, you can talk to a lawyer. You can obtain free legal advice as well as ask a legal question online for free to lawyers at Lead India.
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