The article walks the reader through the process of court marriage and how to go about it. The article also explains how to hire legal counsel to help you sail through the entire process.
Court Marriages 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 a marriage is also known as a registered marriage. 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. This blog talks about “How to Register for Court Marriage?”
Documents Required for Court Marriages in India
What are the court marriage documents for any individual at any given time:
The following are the documents required for court marriages in India. The list contains
- Identity proofs specifying name, age, and so on for both parties. An Aadhar identification can be a perfect document for endorsement.
- Evidence of date of birth, i.e., an admit card or school leaving certificate, can be given
- Proof of permanent residence needs to be delivered in case a candidate wants to undergo court marriage.
- Passport-sized photographs taken in recent times should be furnished. Both parties need to submit both documents.
- The death certificate of the previous spouse for any of the partners needs to be provided, if applicable.
- A divorce certificate needs to be accompanied by each of the partners if they were married in the past.
- Application fees need to be attached as per the norms of the district court.
- An affirmation or a declaration needs to be made if both partners are some how connected through blood.
Who Is Eligible for a Registered Marriage or Court Marriages in India?
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 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 spouses belong to other religions, a 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 the only person who can produce the marriage registration certificate.
Specific eligibility criteria to perform a court marriage in this regard are as given below:
- In fact, both partners should not have lived as spouses in the previous years at the time of the marriage.
- The age bracket should be matched; for instance, the bride should be more than 18 years old before performing the marriage. Similarly, the male counterpart should also be 21 and above.
- Both partners should be medically fit to take on social responsibility at the time of marriage.
- Valid consent from both parties should be essential to get the court’s consent for getting married.
- Any prohibited relationship should be considered while going for a court marriage, i.e., for instance, there should not be any blood relation between the parties concerned.
What Is the Cost?
This is still on a case-by-case basis and thus cannot be commented on.
- The Benefits of Registering Marriage in Court
- A recorded process to bear evidence within budgeted costs.
- It allows the wholehearted participation of family members as witnesses.
- The entire process of court marriage requires the consent of both parties to avoid hassles.
- Clear-cut documentation associated with the process can save headaches.
Steps in What You Need to Know?
Step 1 – Giving 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 object are scheduled within 30 days of receiving complaints about that matter of fact.
Step 4 – A legal declaration by witnesses
A witness is 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 made and handed over. This remains functional evidence and bears the signature of the witnesses as well.
What Is the Role of a Lawyer in Court Marriages in India?
The role of a marriage lawyer can be very engaging. The legal counsel must assume a great deal of responsibility, from filing an application to verifying documents. In addition to the same, the lawyer will have to advise the parties on the court marriage 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, those planning to go for a court marriage should contact the marriage lawyer in advance to understand the intricacies of the service provided.
Conclusion – A Guide to Court Marriage in India
Court marriages in India are advantageous as they reduce the cost of rituals and make both parties comfortable with entering into a legal bind. At the same time, a 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 individuals need to furnish valid identification and details related to background verification to make the marriage happen.