Court Marriage

How to get Court Marriage done in India? A Step by Step Guide

The article takes the reader through the process of court marriage and how should one go about it. The article also explains the appointment of legal personnel to assist you in booking the entire process.

Do Court Marriages happen in India?

This is a very pertinent question that the target audience has asked. According to the special marriage act, experts from the legal field agree that court marriages happen in India. But, what is a special marriage act, for that matter of fact? Experts from the legal field acknowledge that the special marriage act was formulated in 1954. However, the special marriage act is known to be uniform on a mass scale and is understood to be a common aspect for all the citizens of India. However, the target audience needs to know that a court marriage can be easily performed irrespective of any particular discrimination factor. Such kind of a marriage is also known to be a registered marriage.  Here In this blog tells about How to get Court Marriage done in India? .

What Is a Registered Marriage and What Remains to Be Registered Marriage Rules?

Registered marriage can happen at any point in time, under the supervision of the legal authorities. However, registered marriage rules remain uniform, although marriage rituals can vary from one society to another. 

Who Are Eligible for a Court Marriage or Registered Marriage?

People from two different religions can be eligible for a court marriage. However, it is important to note that a court marriage can happen and is generally performed without any particular discriminatory factors. Therefore, it is clear that a court marriage between two different parties can happen irrespective of any creed, caste or colour, for that matter of fact.

A court marriage precisely means that a legal bind is created between two independent citizens of marriageable age. Therefore, it is a solemnisation of the process related to marriage in support of the law. Consequently, it is essential to note that a court marriage can happen between two partners from different castes. However, if both the spouses belong to other religions, court marriage can still happen. At the same time, legal experts suggest that a court marriage needs to be directly applied for; in this case, a marriage registrar is a concerned person who can produce the Certificate of Marriage whatsoever.

Eligibility Criteria for Court Marriage: Points to Be Noted

Specific eligibility criteria to perform a Court Marriage Registration in this regard are as given below: 

  • Both the partners at the time of the marriage should not have lived in the previous years as spouses, for that matter of fact.
  • The age bracket should be matched; for instance, the bride should be more than 18 years before performing the marriage. Similarly, the male counterpart should also be 21 and above.
  • Both the partners during the time of marriage should be medically fit to undertake the social responsibility.
  • A valid consent from both parties should be essential to get the court consent for getting married.
  • Any prohibited relationship should be considered while going for court marriage, i.e. for instance, there should not be any blood relation between the parties concerned.

What are the documents related to court marriage for any individual at one point in time: 

Following are the documents required for court marriage. The list contains:

  1. Identity Proofs for both the parties specifying name, age, etc. An Aadhar identification can be a perfect document for endorsement
  2. Evidence of date of birth, i.e. admit card or school leaving certificate, can be given 
  3. Proof for permanent residence needs to be delivered in case a candidate wants to undergo court marriage
  4. Passport-sized photographs taken during recent times should be furnished. Both parties need to submit both documents.
  5. The death certificate of the previous spouse for any of the partners needs to be provided, if applicable
  6. A divorce certificate needs to be accompanied by each of the partners if they were married in the past
  7. Application fees need to be attached as per the norms of the district court
  8. An affirmation or a declaration needs to be done if both the partners are somehow connected through blood.

Steps Pertaining to Court Marriage: What Do You Need to Know?

  • Step 1-Giving a notice of marriage to the concerned court authorities

A notice needs to be given in advance to the concerned marriage officer. The notice should be given in writing in accordance with the prescribed format.

  • Step 2-Publishing the marriage notice should be done

The marriage officer concerned needs to publish the notice well in advance, as anyone might have an objection to a particular partner. Such objections are to be dealt with legally if required. 

  • Step 3- Handling objections related to marriage

By this step, it is made clear that anyone having any kind of objection to this marriage can come forward. Covered in section 4 of the marriage act, each objection raised needs to be handled through a legal format. However, inquiries to objection are scheduled within 30 days of receiving complaints about that matter of fact.

  • Step 4- A legal declaration by witnesses

Witnesses are required in court marriage, and a legal declaration must be made before solemnising the process of marriage.

  • Step 5- Obtaining a Certificate of marriage

After completing the court marriage, a concerning certification is done and handed over. This remains functional evidence and bears the signature of the witnesses as well.

What Is the Cost of the Court Marriage?

This remains to be on a case-to-case basis and hence cannot be commented on.

  • Advantages of registered marriage in a court: https://courtmarriage-gov.in/
  • A recorded process to bear evidence within budgeted costs
  • It allows wholehearted participation of family members  as witnesses
  • The entire process of court marriage requires the consent of both the parties to avoid hassles
  • Clear-cut documentation associated with the process can save headaches.

What Is the Role of a Lawyer in Court Marriage?

The role of a marriage lawyer can be very engaging. Right from making an application to verifying documents, the legal counsel needs to take a huge responsibility.  In addition to the same, the lawyer will have to advise the parties on the registration process details. Preparing and bringing in witnesses also remains one of the lawyer’s primary responsibilities. However, a marriage lawyer renders a professional service in lieu of professional fees. At the same time, each planning to go for a court marriage should contact the marriage lawyer in advance to understand the intricacies of the service provided.

Conclusion

Court marriages are advantageous as they reduce the cost of rituals and make both parties comfortable entering into the legal bind. At the same time, court marriage can help associate a witness who can be later referred to, if need be. A court marriage entails an organised procedure, and both the individuals need to furnish valid identification and details related to background verification to make the marriage happen

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