In this article, we will discuss how the court marriage can be registered and how can one benefit from the Special Marriage Act 1954.
In our country, court marriages are registered under the Special marriage act 1954, which is common across India. Court marriages are performed without discrimination based on caste, religion, sex, etc. Court marriages can also take place between individuals having inter-caste or inter-religion marriages. In the eyes of the law court, marriage, in simple terms, mean solemnising marriage between two parties. The interested parties can directly approach the registrar’s office to obtain a marriage certificate.
What Are The Conditions For Court Marriage?
The following court marriage conditions are provided under Section 4 of the SMA (Special Marriage Act 1954):
- The parties to the contract must be able to meet the necessary steps as provided in the SMA Act. They must read through the conditions before signing the Civil Marriage Contract.
- Both the parties must be monogamous from beforehand. Either of the parties must not have a living spouse during the marriage, or there should not be a persistent valid marriage with some other party.
- The parties must be capable of giving their free consent under section 14 of the Indian Contract Act. It means either of the parties must not be of unsound mind at the time of marriage.
- At the time of marriage, the bride and the groom should be 21 years respectively according to the latest judgements.
- Both the parties should not fall within the degree of prohibited relationships.
What Are The Documents Required For Court Marriage In India?
The following documents required for court marriage in India:
For the bride and groom
- The application must be filled out and duly signed by both husband and wife.
- Address proof- Driving license/Voter Id/ Passport/Ration Card.
- Birth Certificates.
- Passport size photos (2) and marriage photographs (1).
- Marriage invitation card.
- Aadhar Card.
- Self-attested documents.
- Marriage Affidavits separately.
- Passport size photo (1).
- Pan card.
- Identification proof- (Aadhar card/driving license).
For foreign nationals
- Passport copy along with a valid visa.
- An individual staying in India needs to show document evidence ( Residence proof or the report from the concerned station house officer).
- A marital status certificate or the NOC is obtained by a foreign individual from the embassy or the Consulate in India.
What Are The Attributes In Affidavits?
Both the bride and the groom should submit the affidavit separately for the solemnisation of court marriage.
- Mention the DOB (date of birth).
- Marital status as to whether they are married or widowed, or divorced.
- A statement declaring that both the parties do not belong to the degree of prohibited relationships.
What Is The Court Marriage Fee In India?
The court marriage genuine fee usually ranges between ₹500-₹1000. But the amount differs in various states. Hence, it is advisable to read through the terms and conditions of the marriage application form while filling it out and be aware of the fees being charged.
What Is The Procedure For Court Marriage/ How To Obtain A Court Marriage Certificate?
Here is the procedure for court marriage:
- Consult your lawyer- For a court marriage procedure, one must consult a matrimony lawyer, which would be the best solution to go ahead with. A matrimony lawyer will know how to fill-up the form and will be able to guide you properly.
- Notice Drafting for the intention to marry- The draft notice for the intention to marry shall be prepared on your behalf.
- Jurisdiction selection/place of marriage- An individual must select where they want to get their marriage solemnised.
- Checking of final documentation- The matrimony lawyer will fix a date on which the husband and wife and the three witnesses shall visit the registrar’s office for the document verification. After the verification, notice for the intended marriage shall be made final.
- Notice publication and invitation for objections- The matrimony officer shall publish the notice, and after its publication, within 30 days, the objections are invited.
- Objections to marriage- After the objections are raised, the marriage officer will give time to each party to present their case. The marriage cannot be solemnised if it is found to be true.
- Marriage date fixation- After the objections are raised or suppose they are removed after 30 days of notice publication, the bride and the groom and three witnesses shall appear before the marriage officer to sign a declaration to get their marriage solemnised.
- Marriage certificate- After the declaration is signed, the matrimony officer will issue a marriage certificate for the bride and groom. This certificate needs to be signed by the three witnesses and the parties involved. After signing the certificate, it will be issued to the couple.
What Are The Advantages Of Court Marriage?
The following advantages are-
- It is a simple process.
- It is economical.
- It will save a lot of money and save an individual from the heavy expenses of the ceremonies and rituals. This might be the case where one cannot afford to do so.
- The couple will get the option of solemnising the marriage in any way they want.
- This process ensures the consent of both parties. The parties shall sign the documents of their own will. But what happens in the case of marriage ritual is that the parties’ consent is not free.
Can Court Marriages Be Solemnised Online In India?
No, court marriages cannot be solemnised online since both the bride and the groom must present physically before the Marriage Registrar at least twice to complete their marriage registration: https://services.india.gov.in/
In short, after analysing the above discussion, we conclude that court marriage is solemnised under the SMA (Special Marriage Act 1954). Court marriages are being held in a legal environment. Hence, if there is any chance of misbehaviour or falseness in the consent, it can be easily caught. Vakilsearch conveys the right knowledge about the procedure of marriage registration in India specifically in simple terms for those who belong from a non-judicial background.
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