This post discusses the process of getting married in court. Court marriage is simple and can be done by anyone who passed the criteria set by the government. The post discusses the format of notice of intended marriage and it's Importance.
Court marriages in India are the best way to marry your partner. It saves you from spending a fortune on expensive wedding traditions and you can get it done in just a few hours. Many people are moving towards court marriage now as they recognize its numerous benefits.
It is a boon to inter-caste or inter-religious couples as it legalizes their marriage even if their families and society don’t approve of it. Court marriages empower women to marry someone of their own accord.
The procedure for court marriage is widespread in India. The Special Marriage Act of 1954 allows it to be solemnised between two parties who wish to marry. Furthermore, the Law enables civil marriages between parties of same distinct religions.
If you want to choose court marriage as your approach of getting married, you will avoid high fees, ritual practices, and large celebrations. Above all, court weddings are conducted in the simplest, finest, and most cost-effective ways imaginable. As a result, you can use this money to save for long term or to help needy people.
Eligibility Criteria for Court Marriage in India
- To begin with, neither party should have lived as husband/wife at the time of marriage.
- The bride must be at least 18 years old, and the groom must be at least 21 years old.
- The parties must be of sound mind.
- They must be able to provide valid consent at the time of marriage.
- Both parties should be free of any mental illness or insanity.
- Both parties should not be in a prohibited relationship to any extent. (If their custom allows it, a court marriage can take place within a prohibited relationship.)
Format for Notice of Intended Marriage
A notice of intended marriage is mandatory for anyone who wants to do court marriage. This notice needs to be filled in carefully and submitted to your district’s marriage officer.
Either the bride or the groom must have stayed in this district for at least a month or more immediately before the date on which the notice is submitted. The format is written below.
Notice of Intended Marriage
To,
Marriage Officer,
ABC district
We, hereby, present you a notice that marriage is intended to solemnize under the Special Marriage Act of 1954 between us three calendar months from now.
Name:
Age:
Occupation:
Condition:
Dwelling:
Place of residence if the current dwelling is not permanent:
Divorced/Unmarried/Widower
Witness our hands on ____ day of 20__.
Signed by groom
Signed by the bride.
Documents Required to Apply for Court Marriages
- Both parties must sign the application form.
- Evidence of the parties’ birth dates.
- Both parties’ residential proof
- The bride and groom should have two passport-sized photographs.
- If the parties were previously married, a death certificate or divorce decree is required.
- Receipt of fees paid in relation to the District Court application form.
- Affirmation by the parties that they are not related to each other in the sense of the Special Marriage Act’s prohibited relationship.
Publication
The notice after filling it sufficiently with the required information is then published. The notice of intended marriage is affixed in the office of the Marriage Registration in some conspicuous place.
The marriage can only take place after the expiration of thirty days or a month from the date when the notice was published. During these thirty days, anyone can object to the marriage and it would complicate half the process. However, if no one objects to the marriage within the first thirty days, the court marriage can be solemnized after this.
When is a Notice for Intended Marriage Required?
You need to fill out and submit a court marriage notice for the intended marriage if you want to do a court marriage. If you and your partner are eligible and wish to marry each other, you can apply for a court marriage by filling up and submitting a notice for intended marriage. You need to specifically submit the notice for intended marriage in the office of the Marriage Registrar from the district that either the bride or the groom has resided in for more than 30 days before the date of publication of the notice of intended marriage.
After submitting the notice of intended marriage, it is put up or published by the Office of Marriage Registrar to invite any objections for thirty days. However, if there are no objections for thirty days from the date of publication of the notice of intended marriage, the marriage can take place immediately after.
Benefits of Court Marriages
- It is a less expensive and easier process.
- It avoids the high costs of wedding rituals and lengthy ceremonies.
- The parties to the marriage have the option of solemnising the marriage however they see fit.
- It ensures that both parties agree. Both marriage parties willingly sign the marriage documents. However, as in a ritual marriage, the consent of the parties may or may not be free.
Conclusion
Based on the preceding discussion, it is concluded that the court marriage is solemnised under the Special Marriage Act of 1954. Court marriages are taking place in a legal setting. So that any possibility of falseness in the consent or deformity in the behaviour can be easily detected.
Court marriages are becoming quite popular among the younger generation. It is advisable to first understand the process of court marriages thoroughly before you decide to go through with it. The notice of intended marriage is an essential part of court marriages and is the first step too. They help in announcing your intentions for marriage. It allows people to object to the marriage for 30 days. Court marriages are quite simple and if you hire an efficient family lawyer, the process will go smoothly.
Vakilsearch can help you in this regard if you are unable to find the right attorney. Get in touch with our experts who will handle your needs the best possible way.
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