This post discusses the process of court marriage in India. It lists the numerous benefits such as how it's economical and protects the rights of women. The few disadvantages of court marriages are also stated. The advantages are far more important and outweigh the disadvantages.
A traditional marriage usually means a huge crowd, pomp, and show. But, the newer generation is refusing to take part in this tradition and has started to do court marriages because of their simplicity.
Our constitution allows an Indian male and a female to marry under the Special Marriage Act, 1954. Court marriages can happen in just one day with three witnesses, a few documents, and straightforward steps.
However, some people are still apprehensive about the advantages and disadvantages of court marriages. Read this article to understand the advantages and disadvantages of court marriage in India.
What are Steps to follow for Court Marriage?
Given below is the court marriage process:
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Prior notice to Marriage Registrar
You need to make an appointment before the marriage by submitting a marriage application to your district’s marriage registrar. This notice is called the notice of intended marriage which anyone can access from the official website of the Indian government or an office desk.
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Witnesses
The couple needs to show up on the appointment day with three adult witnesses with their identity proof.
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Registry and certification
After signing their mutual consent, the groom and the bride will get a government-issued marriage certificate in twenty days that validates and legitimizes their marriage.
Advantages of Court Marriage
Court marriages have become increasingly popular in recent years because of the numerous advantages it provides on a societal and a personal level. Given below are some court marriage benefits in India:
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Quick process
Court marriages don’t have the long ceremonies and rituals that a traditional wedding does. It is quite a straightforward and quick process that is over in several hours if you have brought all the necessary documents with you. Therefore, court marriages in India are hassle-free and you should opt for them if you are eligible.
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Pocket-friendly
A big fat Indian wedding will drain your pockets. Many people spend most of their savings on throwing a huge wedding. However, there is no need for this.
Court marriage registration in India come without any of the pomp and show, as they are simple and elegant. Court marriages are a boon to everyone who wants to avoid spending their hard-earned money on throwing a huge wedding.
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Prevents social evils
Numerous social evils such as child marriages, forceful marriages, and dowry are related to marriage in India. However, these social evils can be prevented with court marriages.
Court marriages occur only after both the parties have consented and it is confirmed that they are marrying of their own free will. Court marriages should be promoted as it occurs only after confirming the residence and age of both the parties.
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Provides legal security
Court marriages have numerous benefits however the most important one is that it is entirely legal, authentic, and secure as they ensure that couples are valid to marry each other and it occurs under the parameters of the Government of India.
There is a system in place that ensures that the bride and the groom are eligible to marry so that no illegal marriages can occur.
Moreover, as court marriages are registered directly under the records of law, women’s legal benefits are enhanced and it lowers the chances of financial bias and domestic exploitation.
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Removes religion and caste barriers
The caste system has been a huge problem in our country for centuries. It was introduced in society initially as a working system to improve society, however, it soon became a horrific way to oppress and discriminate against the lower castes.
Because of religious and caste restrictions, numerous couples have to face many issues while getting married. Therefore, court marriage is their best option.
It does not discriminate against people due to their caste, beliefs, or religion and provides a way for two people from different backgrounds to get married and peacefully celebrate their love.
What are the Disadvantages of Court Marriage?
Even though court marriages have numerous benefits, there are some disadvantages of court marriage as well.
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Mandatory witnesses
Court marriage in India cannot take place without three adult witnesses. These three witnesses are also required to present their identity proof.
Hence, it is sometimes quite challenging to find three adults who are willing to be witnesses with their identity proof when the couple is from different religions or castes or when the family disapproves of the match.
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Too many documents
You need to have all the necessary documents with you for a court marriage or it cannot be solemnized. Moreover, the document list that is required is quite long. Hence, it can be quite stressful to find and submit all the required documents.
After you submit the numerous documents, every document is put through a verification process separately. The document verification process is quite lengthy and thorough, and if they find any problems with the authenticity of your documents, you could get into some serious legal problems.
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Long process
Court marriages require you to get numerous permissions from various authorities and undergo many verification checks. Sometimes, it takes up to 30 to 60 days for a couple to get married after their initial appearance in court.
Due to the rules of court marriage, the couple has to wait till the publication of notice for their marriage. Moreover, if someone objects to your marriage application: https://services.india.gov.in/ for any reason, you would have to start again. Hence in some cases, court marriages can be a lengthy process.
Conclusion
It is quite clear as stated in the article above that the advantages of court marriages far outweigh the disadvantages. If you have hired an experienced lawyer, even the disadvantages would not be a problem then. Hence court marriages are the best option for people who want to avoid traditional marriage.
You should hire a decent family lawyer if you face any problems with the court marriage process. A skilled lawyer can help you get your witnesses and arrange the necessary documents so that the court marriage process is smooth. Also, Vakilsearch can help make the process smoother by offering you with the right kind of legal support.
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