What exactly is a court marriage?
Unlike traditional Indian weddings, court marriages are performed in accordance with the Special Marriage Act of 1954 (hereinafter referred to as “the act”). In the presence of a Marriage Officer and three witnesses, the marriage can take place or be solemnized in court. The parties’ individual laws need not be involved in these marriages’ elaborate customary or ritualistic steps. It is sufficient to marry in accordance with the act to do so in the presence of a marriage officer.
Who is eligible for a court marriage?
Through a court marriage, any two people—of any gender—of the same religion or of different religions can wed.
What are the requirements for solemnizing a court marriage?
For a court marriage to be legally recognized, the following requirements must be met:
No prior marriage—The parties must not have any living spouses.
Valid Consent: The parties must not be mentally or physically incapable of giving valid consent.
Age-The male has finished the age of 21 years and the female the age of 18 years.
Degrees of relationships that are prohibited: The parties do not fall within the range of relationships that are prohibited. Insofar as the custom governing at least one of the parties permits a marriage between them, the marriage may be solemnized regardless of whether or not the relationship falls within the levels of relationships that are prohibited.
Note: In Parts I and II of the first schedule, the degrees of relationships that are prohibited are discussed.
The steps for a court marriage are as follows: The steps for a court marriage, which are covered in Chapter II, “solemnization of special marriages,” can be summarized as follows:
Step 1: Notice of the proposed marriage;
Step 2: Publication;
Step 3: Opposition to Marriage;
Step 4: Declaration by parties and witnesses;
Step 5: Place and form of solemnization;
Step 6: Certificate of Marriage
The steps are outlined below, along with the required documents for each step.
What difficulties do court marriages present?
Compared to traditional marriages, which involve lengthy planning and customary rituals, court marriages are relatively straightforward. The following are a few of the complications that can arise during a court marriage:
The Marriage Officer determines which dates are appropriate for the court marriage’s appearance and solemnization. In the event of an emergency, the marriage cannot take place earlier than the scheduled time (30 days after the notice is published, unless anyone objects).
The Marriage Officer’s decision is dependent on the well-founded objection’s ability to prolong the marriage. The parties must file an appeal with the District Court in the event that the Marriage Officer grants the objection.
Because there are not always working online portals, the entire procedure must be completed manually by going to the marriage officer’s office.
To be eligible to notify the marriage officer of that area or district, one must have resided there for at least 30 days.
Therefore, in most cases, a person can only apply for marriage in the place where they currently reside, not in a place where they had intended to wed.
The marriage officers appointed, the required documents, and the fees vary from place to place. Most of the time, it follows the rules that each state makes.
The notice expires and a new one must be sent to the Marriage Officer if the marriage is not consummated within three months of the date of the notice.
One of the legal complications of a court marriage is that if one of the parties is Hindu, Buddhist, Sikh, or Jaina and a member of a Hindu undivided family, the marriage will result in their separation from that family. The progression would be represented by the Standing Inabilities Expulsion Act, 1850.
Cost of a court marriage
The cost of a court marriage also varies from state to state, so you should check the fees of the place where you want to get married. For instance, the SDM Court Saket in Delhi will cost approximately $1,000.
How long does it take to complete the court marriage process?
Starting with the notice, the entire process can take up to 60 days. assuming that no objections are raised within thirty days of the notice’s publication.
The Marriage Officer has a maximum inquiry period of thirty days in the event of an objection. Within 30 days of the Marriage Officer’s decision, an appeal can be filed in the District Court against the Marriage Officer’s decision to uphold the objection.
To know visit: How much time it takes for Court Marriage in India?
Is every religion’s marriage procedure the same?
Yes, every religion follows the same court marriage procedure. Because it is a secular law, the Act treats all religions in the same way.
Advantages of a court marriage
The advantages of a court marriage are as follows:
- It is more affordable and an easier cycle.
- The marriage can be sworn into existence in any manner desired by the parties. For instance, if two Hindus so choose, they can marry in a Christian ceremony.
- For marriage registration, the married couple does not need to reapply to the marriage officer. It is a component of the court marriage procedure.
- The marriage certificate that is given to the couple at the end of the court marriage is the only proof that they are married, and there is no need to show anything else.