Special Marriage Act, 1954, provides for marriage between couples belonging to different castes, religion, place of birth, race, etc without any discrimination. A court marriage is a marriage solemnised as per the procedure provided by the law. The parties interested to marry through court have to apply to the marriage registrar in order to get a marriage certificate. The procedure and the documents necessary for court marriage in Noida has been explained below-
Eligibility for court marriage-
The bride must be at least 18 years old, while the groom should be 21 years old or more.
The parties have to be of sound mind.
The parties would have to provide their valid consent at the time of marriage.
The parties shall not be suffering from any insanity or mental disorder.
The parties must not fall within the degrees of prohibited relationship.
Documents required-
The application form must be duly signed and filled by the parties.
Proof for the date of birth.
Residential proof of parties
Passport sized 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 by the court in case either of the parties is a divorcee.
Receipt of fees paid for application form in the respective District Court.
Affirmation by parties that they do not fall within the degrees of prohibited relationship.
Process of Court Marriage
Notice for court marriage- The parties to the marriage would have to give a notice to the marriage officer under whose jurisdiction either of the parties live. The parties will give notice of intended marriage in writing and in the form as has been prescribed in the Second Schedule of the Act.
Publish the notice- The marriage officer would publish notice for marriage by affixing it at an inconspicuous part of the office so that it is visible to the general public. The notice will be published for 30 days from the day the notice was submitted, so that an objection against such an application for court marriage could be raised within this period.
Objection- As has been provided under Section 7 of the Act, an objection to the court marriage can be raised on the basis of grounds provided under Section 4 of the Act, such objection should not be raised on a personal basis but on legal grounds. Marriage Officer, as per Section 8 of the Act, must enquire about the validity of the objection which has been raised within a period of 30 days from the day such objection was raised.. In case the objection raised is found to be invalid, the marriage officer would solemnise the court marriage.
Parties and the witnesses to be present on the date of marriage- Three witnesses must be present in the court marriage. Signature and declaration as has been provided under Third Schedule of the Act, parties and the witnesses would sign the necessary documents in the presence of the Marriage Officer.
Certificate of Marriage- After having completed the above mentioned steps, the parties would be provided with a marriage certificate. The certificate would have to be signed by the parties and the witnesses. The certificate so provided will be conclusive evidence of the court marriage.
Conclusion
As can be inferred from the above discussion, in order to initiate the process of court marriage in Noida, notice will have to be submitted in advance and other procedures would have to be followed as well. Therefore, it would be favourable to seek professional guidance from an experienced court marriage lawyers in Noida who can help you with the submission of the required documents and other paperwork, so all you would have to do would be to be present on the date of marriage in the court. Lead India offers you a team of experienced advocates who can assist you with various procedures and documentation necessary for court marriage registeration in noida. Hence, if you wish to talk to a lawyer or seek free legal advice online, you may contact us.
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