How Do I Get A Court Marriage Done In India?
In India, the Special Marriage Act of 1954 governs court marriage. In the presence of a Marriage Registrar and three witnesses, the marriage is solemnized in court irrespective of caste, religion, or creed. An Indian and a foreigner can also get married in a court marriage.
The Prerequisites for Court Marriage
The court marriage rules are outlined in Section 4 of the Special Marriage Act.
- Before agreeing to the terms of the Civil Marriage Contract, the parties must fulfill the requirements outlined under the Act.
- Either party cannot have a legally binding ongoing marriage with any other party. If the former spouse is deceased or a divorce has been granted, then only the couple may proceed with a court marriage.
- The parties should have freely consented to the court marriage, which means that none of the parties must be incapable of giving legal consent due to mental incapacity or any other circumstance.
- The legal age for court marriage is 18 for women and 21 for men.
- The degree of any prohibited relationship should not apply to the parties to the marriage.
Necessary Documents in India for Court Marriage
For the court marriage process to be completed, the applicant must present specific documents. They are:
Documents of Parties to the Marriage
- Both parties to the marriage should properly sign the marriage application.
- Birth Certificate of both parties
- Receipt of the fees paid
- Proof of a residential address
- Affidavit
- Passport-size photographs of the parties (2 copies)
- A copy of the divorce decree in the case of a divorcee and the spouse’s death certificate in the case of a widow or widower
Documents of the Witnesses
- Photograph of passport size
- PAN card
- Identification proof
Documents for Foreign Nationals
The applicant must provide the relevant documents in addition to those listed above in the case where a court marriage is solemnized between an Indian and a foreign national:
- Copy of passport and, if necessary, visa
- Documentary proof that one of the parties has resided in India for longer than thirty days (residence proof or a report of Station House Officer)
- A foreign partner must get a NOC or a certificate of marital status from the relevant embassy or consular office in India
Procedures of the Indian Court Marriage System
The court marriage process in India is as follows:
Notice of Intention to Marriage- The first stage in a court marriage is the notice of intention to marry. The Marriage Registrar of the areas where at least one of the couples has lived for a thirty-day period following the date on which the notice is provided receives notice from the parties to the marriage in the required format.
Publication of the Notice- The notice is made public by the marriage registrar by being posted in the Marriage Registrar’s office, where it is accessible to all. The original copy of the notice is kept in the office files.
Objection to Marriage- Within 30 days of the date the marriage registrar’s notice gets published, anyone who has an objection to the marriage voice it. The court marriage procedure comes to an end if the marriage registrar determines that the raised objection is valid. However, if the officer determines that the objection is baseless, the registration process for court marriage continues.
Statements of the Parties and the Witnesses- Before being married, the partners sign the application form for court marriage application with the statement of three witnesses, attesting that they are getting married voluntarily.
Solemnization of Marriage- The parties decide to get married anywhere within a reasonable distance, including the marriage registrar’s office. The additional fees are paid as specified if the parties choose to have the marriage solemnized anywhere else. Any format the parties decide to use for the marriage ceremony is adopted.
Receiving the Marriage Certificate- The marriage gets solemnized in accordance with the norms and regulations of the Special Marriage Act, the marriage registrar records the information in the marriage register and issues the marriage certificate. After the signatures of the parties and the witnesses, the certificate of court marriage serves as proof of the couple’s valid union.
You will need a well-experienced and competent lawyer to carry out the court marriage procedure smoothly. If you want to have court marriages in Bangalore, then Court Marriage Lawyers In Bangalore can be hired, and if you want to have court marriages in Chandigarh, then Court Marriage Lawyers In Chandigarh can be hired. Likewise, Court Marriage Lawyers In Delhi can be hired if you want court marriages in Delhi.
You can talk to a lawyer at Lead India Law. At Lead India Law, you can ask questions to experts online for free and receive free legal advice online.
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Court Marriage Lawyers In Delhi, Court Marriage Lawyers In Bangalore, Court Marriage Lawyers In Chandigarh
