The Special Marriage Act of 1954 regulates the significant number of court marriages that take place in India. Find out more about India's most current court marriage laws here.
Regardless of caste, race, religion, or faith, a legal marriage takes place. Court marriage is a distinct choice for those who practise two different religions. Simply described, a judicial marriage is the legalisation of a marriage. In a courtroom, marriages between people of different classes and religions are also permitted. Direct applications for a marriage license can be made to the marriage registrar by interested parties.
A Court-Married Relationship’s Requirement
- To begin with, neither partner should have been living as a husband or wife at the time of the marriage
- The bride must be at least 18 and the groom at least 21, respectively
- Each party must be in good mental health
- During the wedding ceremony, they shouldn’t be prevented from giving their legally binding permission
- There should be no signs of insanity or mental illness on either party’s behalf
- Between the two parties, there should be absolutely no connection. (A legal marriage may take place inside a banned relationship, if permitted by their custom.)
Documents Required for Court Marriage
The following documentation is required for a legal marriage, among others:
- Both parties should sign the application form
- A record of the years of the parties
- Residents of both parties must provide proof of their residency
- A total of two passport-size pictures of the couple are required
- If the couple was previously married, a death certificate or divorce order is required
- The district court application form-related payments have been received
- The parties’ affirmation that they do not share the type of connection that the Special Marriage Act forbids.
Rules for Court Marriage and Procedures for Marriage in Indian Courts
Step 1: Send Out a Marriage Notice
The parties must first provide written notice to the district marriage authority. The Second Schedule specifies how the parties to the marriage must notify the marriage officer in writing of their intention to wed.
Step 2: Make the Notice Public
The notification must be attached after the marriage official posts it prominently in his office; any protest must be filed 30 days after the posting. If there are no objections, the marriage official may perform the ceremony.
Step 3: Rejecting Marriage
Anyone may object to a judicial marriage under section 7 of the law if it would contravene any of the conditions stated in section 4 of the act. However, rather than using subjective justifications, the complaint should be made on legal grounds. The Marriage Officer has 30 days from receiving an objection to investigate it and, if it does not preclude the marriage, solemnise it.
Step 4: The Parties’ and the Witnesses’ Declarations
Three witnesses are required for a judicial marriage in order for the ceremony to proceed.Both parties shall sign and declare in the manner set forth in the third schedule in the presence of the marriage official and three witnesses.
Step 5: Marriage Certificate
The marriage certificate will be issued once each of these procedures has been completed. The parties, three witnesses, and witnesses must all sign the certificate. Such a certificate provides unequivocal proof of a court marriage.
Cost of Court Marriage
Each person must research the costs associated with the particular area where the marriage will be solemnised because the cost of a court marriage differs from state to state.
Advantages of a Court Marriage
- It is a less expensive and complex procedure
- It enables you to stay away from expensive wedding traditions and rituals
- The bride and groom are free to choose how they want to officially declare their marriage
- It ensures that there is consensus amongst the parties.Both parties willingly sign the marriage license.The partners’ permission, like in a religious union, may or may not be freely given.
A Lawyer’s Role in a Court Marriage
In a judicial marriage, a lawyer’s responsibility is to give the parties advice on how to file the marriage notice
- A matrimony lawyer should be consulted if you wish to follow the laws of a court marriage
- The parties to the marriage will receive legal counsel from an attorney regarding the relevant laws, the registration location, and the registration process
- A representative will confirm that both parties are of legal age
- A lawyer will make sure that both parties voluntarily consent
- An advocate will prepare all required paperwork for the Marriage registration process. It helps reduce the workload and time commitment for married couples
- An advocate will schedule a mutually convenient time for you, your spouse, and the three witnesses to gather at the marriage registry office for a final check of the paperwork
- An advocate will submit an appeal and make the arguments on behalf of the parties if further claims and factors are brought forth.
The Special Marriage Act of 1954 is said to be the legal document that solemnised judicial weddings based on the aforementioned reasoning. A court marriage is occurring in a legal setting. Along with order to quickly spot any potential for false consent or unusual behaviour.
You can register your marriage with Vakilsearch in Maharashtra, Bihar, Chandigarh, Thane, or any other Indian city. Additionally, Vakilsearch makes it simple for you to obtain your marriage license.
- Documents Required For Court Marriage
- Court Marriage Rules
- Procedure For Court Marriage Registration In India