There are laws that stipulate that a court marriage can be solemnized between two people regardless of their religion, rank, caste, or race. The couple can then obtain a marriage certificate, which is valid proof of marriage in any court.
What is a court marriage?
A Court Marriage, on the other hand, is an economical and hassle-free alternative to a regular solemnized marriage. It is an alternative that enables individuals of different nationalities, religions, and castes to legally and legally register their union through a simple procedure, which is performed by a marriage registrar along with three witnesses.
The Special Marriage Act, of 1954 establishes the concept of a court-ordered marriage under specific circumstances. Marriage between couples belonging to different religions, castes or creeds, or nationalities can be effected through the use of civil ceremonies. In parallel with this, it is also used to solemnize and register a marriage.
What is the purpose of court marriage?
Under the Special Marriage Act, those planning to get married can opt for a court marriage certificate to legalize their union in a cost-effective and trouble-free manner.
Conditions for Court Marriage:
The following rules contain an overview of how court marriages in India are governed under Section 4 of the Special Marriage Act:
- Prior to signing a Civil Marriage Contract, the parties must meet the conditions listed in the act.
- A court marriage should not be conducted by a party who is already in marriage at the time of application. In such a case, if the previous spouse is deceased or divorced, then the court may grant the court a marriage license.
- If the parties choose to join the judicial marriage procedure of their own free choice, there should be no pressure placed on them to do so, and neither of the parties should believe they are insane if they do so.
- In order to have a court marriage, both the bride and the groom must be of legal age in the country of India, i.e. both the bride and the groom must be at least 18 years old while the groom must be at least 21 years old.
- There should not be any degree of marriage between the parties that fall within the realm of forbidden relationships.
TO OBTAIN A COURT MARRIAGE CERTIFICATE
Consult a Lawyer
A matrimony lawyer will be your best bet to proceed with the court marriage procedure. A lawyer would know, how to fill the form and take a date thus making the process smooth for you.
Notice of intent to marry
On your behalf, we will draft a draft notice of intended marriage for you.
Jurisdiction and place of wedding
You will then be required to select the jurisdiction of where you want to get your marriage solemnized.
We will arrange a mutually convenient time for your lawyer to meet with you, your partner, and the three witnesses at the marriage registrar’s office to review the documents. Notice of intended marriage will be filed upon completion.
Publication of notice and invitations to submit objections
Publication of the notice and an invitation to object to the intended marriage by the marriage officer within 30 days of publishing the notice is required.
In the event that an objection is raised, the Marriage Officer will respond after giving the parties a chance to present their case. In the case that the objections are found to be valid, it is impossible for the marriage to be solemnized.
Wedding date fixation
It must be noted that if no objections are received or the objections are removed within 30 days of the Notice being published, and a mutually convenient date and time can be arranged, you and your partner will appear before the marriage officer to sign a declaration and have the marriage formally registered.
After signing the declaration, the marriage officiant will issue the marriage certificate after the declaration has been signed. In order to receive the marriage certificate, both parties must sign it as well as three witnesses. Following the signing of the documents, the marriage certificate will be given to the couple.
It is estimated that the entire court marriage procedure will take 2-3 months. This does not include the notice period, subsequent registrations, etc.
It is the client’s responsibility to pay the attorney for any additional work that the advocate needs to conduct before/after undertaking the procedure mentioned above for court-martial relations.
MARRIAGE IN COURT DOCUMENTS
- The bride and bridegroom should fulfill the following requirements:
- The bride and groom have to give separate affidavits stating:
- Please provide your date of birth
- The present marital status of the individual is unmarried, widowed, or divorced
- In the Special Marriage Act, the parties should be required to affirm that they are not related to each other within the definition of prohibited relationships.
- You will need at least four passport-sized photographs of both the bride and the groom
- Wedding and marriage proof of both bride and groom
- Proof of the date of birth of the bride and groom
- The notice of intended marriage must be signed by both the bride and the groom
- The divorce decree/order in case of a divorcee and the death certificate of the spouse in case of a widow/widower.