Role of a Court Marriage

Conditions to Get Married

The bridegroom should be of 21 years of age and the bride should be of 18 years of age. Neither party should not be in an existing, legal marriage with another person. Meaning they should be single or be divorced. In other words, the person should not be suffering from any mental disorder or be in a state where he/she doesn’t know what they are doing. The parties should not fall within the degree of a prohibited relationship.

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Prohibited Degrees in Marriage

The prohibited relationship in Schedule I and Schedule II of the Act include relationships with cousins. Under Hindu Law, marriage with second cousins is prohibited as they come under sapinda. As per Muslim law, marriage between cousins both paternal and maternal is allowed. While in the Christian law, marriage with cousins is allowed if the Church permits it.

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Role of a Court Marriage

Under the Special Marriage Act, 1954, inter-religion marriages can be attained without abiding by personal laws. The witness comes to the picture after the couple file a notice of intended marriage in the specified form to the marriage registrar of the district stating the intention to get married. At least one other party to the marriage has to reside for a period of not less than 30 days immediately preceding the date on which such a notice is given.

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