The COVID-19 pandemic forced people to replan or cancel their wedding celebrations. However, to solemnize the marriage, people have legally tied the knot.
In India, court marriage register are different from traditional marriages. Court marriage in India take place in the court in the presence of the marriage officer. No kind of tradition is followed that is practised during a traditional wedding. In a court marriage, two persons who are eligible to get married can marry each other in the presence of three witnesses. There is no need for a customary celebration to solemnize the wedding. A court marriage is valid in front of marriage officers and witnesses. An Indian Court marriage should satisfy the requisites of the Special Marriage Act, 1954. Through a court wedding, two persons of different genders who belong to the same or different religions can marry each other. In a court marriage, it is not necessary that both persons are Indian nationals. They can also marry if one of the parties is a foreign national. In this blog we’ll learn about rules and regulation related to court marriage and know How Does a Court Marriage Process Work in India.
Rules and Regulations for Court Marriage Process
According to Section 4 of the special marriage act,1954 some rules and regulations need to be followed before getting a court marriage. The Court Marriage Registration Rules in India are as follows:
- There should be no pre-existing marriage for any of the parties. The only exception is, the previous spouse is not alive, or divorce has been obtained from them.
- Free consent for the court marriage should be given by both parties. Consent should not be taken when the person is insane and of unsound mind etc.
- Both parties should have a marriageable age to get a court marriage. The boy should be 21 years old, and the girl should be 18 years old.
- Both the parties to the court marriage should not be related to each other under the forbidden degrees of marriage. Marriage registration will only be solemnized if one of the parties’ customs allows it.
How Does a Court Marriage Work in India? – Court Marriage Process
Below given are the steps to get court marriage done:
1. Marriage Registration Notice:
According to Section 5 of the special marriage act, a notice has to be issued related to the marriage regarding the provisions. Written notice should be sent to the marriage officer showing the interest of both the parties getting married to each other. The notice should be sent to the respective office of the marriage officer according to the jurisdiction where any of the parties to a court marriage register is residing for a minimum of 30 days before the sending of the notice.
2. Publishing the Notice
The notice which is sent to the office of the marriage officer will be posted by the marriage officer by putting it in his office where it is clearly visible for everyone. The original copy of the notice is placed in the notice book.
If the notice sent by the parties doesn’t match the jurisdiction, then the same will be forwarded to the office of the correct jurisdiction where the parties have been residing.
3. Objection to Marriage
According to Section 7 of the special marriage act, if any person raises an objection related to the marriage within the 30 days of publishment of the notice, the marriage officer will look into the matter. If the marriage officer finds any reasonable justification related to the objection he will stop the marriage procedure or else he will proceed with the marriage. If the objection is sustained by the marriage officer, then an appeal can be filed by the parties in the respective district court against the marriage officer’s order.
4. Declaration by Parties and Witnesses:
According to the court marriage rules, the next step is the declaration of the court marriage by the parties and witnesses. Before finalizing the court marriage both the parties and three witness for court marriage should sign the court marriage form stating that the marriage is happening with their free consent. The court marriage declaration form should be signed in the presence of the marriage officer.
5. Solemnisation
According to Section 12 of the Special Marriage Act, a court marriage can be solemnized at the office of the marriage officer or any other place which is at a reasonable distance. The court marriage can also be solemnized by filling up an online application form for a court marriage along with payment of the court marriage fees.
6. Certificate of Court Marriage
According to Schedule IV of the Special Marriage Act, when the marriage is solemnized with all the rules and regulations of the court marriage, the marriage officer will enter the details in the marriage certificate. The court marriage register: https://courtmarriage-gov.in/ certificate is the evidence of the legal union of both the parties after the signatures of parties and witnesses.
Conclusion – How Does a Court Marriage Work in India?
Hope this blog How Does a Court Marriage Work in India? was clear and helpful. With the increase in technology, many online legal platforms have come up which can help you out. Further, these online platforms do your work at an affordable price and within a shorter span of time. Still, don’t believe it? Then you should definitely check this out on Vakilsearch.
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