Authorised by the Marriage Registrar a court marriage can only be performed between
a man and a woman who are only over the age of 21 and 18 respectively.
In India, court marriages are solemnized by the Marriage Act of 1954. Under the law, a court marriage can perform between a man and a woman who are over the age of 21 and 18 respectively. The parties can be of Indian or foreign descent. There are other conditions such as; either should not be in an existing marriage with another person and that both parties should be of sound mind.
A court marriage does away with rituals and ceremonies and is simple. It is performed by the Marriage Registrar and upon completion; the participants are given a marriage certificate stating that their union is legal in the eyes of the law.
Court marriages are gaining popularity in India; many couples are opting for it. There are numerous reasons why court marriages are the preferred choice these days. One of the reasons is that couples want to keep their marriage economical and simple. Other reasons are because of inter-caste marriages, or marriages without the blessings of the families. Whatever be the case, court marriage is not simple; there are a lot of procedures involved and costs.
The first step is to inform the marriage officer of the district about your intention to marry. You have to do this by filling up the court marriage application form that can be downloaded from the internet. You have to submit the form 30 days prior to the date of the marriage to the officer of the district where either one resides in.
The officer of the district will display the notice at a prominent place at his office for 30 days. Within this period, anyone can object to the marriage if it is deemed illegal under the Act and the eligibility conditions. If there is no valid objection, the officer and perform the marriage without any hassle.
The bride, groom and three witnesses need to sign a declaring form in the presence of the officer or at a location that is reasonably close to the registrar’s office.
One all the formalities are completed, the marriage party and the witnesses need to sign the marriage certificate. It will be ready within 15 to 30 days.
Just like with any legal procedure, one would need to furnish documents when applying for a court marriage. The following documents are required:
The general fees for application are Rs.100 under the Hindu Marriage Act and Rs.150 under the Special Marriage Act. Apart from this, there are a few administrative and other charges that you may have to incur.
This would depend on the type of case. A straightforward case is cheaper, obviously. However, if the case is complicated, say a divorce case, the lawyers may charge you a bit more. In the latter case, lawyers will charge for their opinion apart from their legal fees.
The provisions of the court marriage laws in India come under the Special Marriage Act, 1954. The main part of this law states that a person can marry someone of the opposite sex if the man is above 21 years and the woman above 18 years.
The marriage law is of two types one is the Hindu Marriage Act which is used when both parties are Hindus. For inter-caste marriages, marriage is conducted under the Special Marriage Act.
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