Court Marriage Process

Court marriage process - court marriage in India

Court Marriages are gaining more momentum in India with each passing day. Such marriages let you get married to your life partner without having the cumbersome process of a big fat wedding, including the endless preparations and time consumptions that go into it. Being the finest form of legality such marriages are the choice for today’s youth. Court marriages are sanctified under the Special Marriage Act, 1954. These can take place among an Indian man and a woman notwithstanding their caste, creed or race. This can as well be honored between an Indian citizen and a person not belonging to India.

Conditions required for a valid court marriage in India:

  • Either of the parties to be married should not have a valid marriage to any other person at the time of court marriage
  • For the parties to be able to have a valid court marriage the man should be atleast 21 years of age and the woman needs to be atleast 18 years of age.
  • Neither of the parties should be of an unsound mind, this condition is necessary to be able to have a clear consent of the parties to be married.
  • The parties must not descent from the degree of ‘prohibited relationship.’

Court Marriage Procedure:

  1. When Both Parties are Hindus:
  • A notice needs to be filed by the parties to the Registrar of Marriage in a district where atleast one of the parties has resided for a period not less than 30 days preceding the day of such notice.
  • Post this the notice is published by the Registrar to ask for any objections on the application.
  • When no objection raised, the marriage is solemnized at the mentioned Marriage office where both the parties need to be present along with 3 witnesses on the date of solemnization.
  • The Marriage Certificate is then entered and  granted by the Marriage Registrar.

Documents Required:

  • Application form in the prescribed format with the prescribed fee
  • Passport Size Photographs of Marrying Persons
  • Residential Proof of Marrying Persons.
  • Date of Birth Proof of Marrying Persons.
  • Residential Proof and PAN Card of Three Witnesses
  • Death certificate or divorce decree whichever is applicable, in case one of the parties had any marriages in the past.

    2. When Both parties belong to different religions:

Under the Special Marriage Act 1954, either one or both parties being non Hindu can also be married. Marriage of people belonging to any religion can be solemnized under this act.

  • A notice needs to be filed by the parties to the Registrar of Marriage in a district where atleast one of the parties has resided for a period not less than 30 days preceding the day of such notice.
  • Post this the notice is published by the Registrar to ask for any objections on the application.
  • When no objection raised, the marriage is solemnized at the mentioned Marriage office where both the parties need to be present along with 3 witnesses on the date of solemnization.
  • The Marriage Certificate is then entered and  granted by the Marriage Registrar.

Documents Required:

  • Application form in the prescribed format with the prescribed fee
  • Passport Size Photographs of Marrying Persons
  • Residential Proof of Marrying Persons.
  • Date of Birth Proof of Marrying Persons.
  • Residential Proof and PAN Card of Three Witnesses
  • Death certificate or divorce decree whichever is applicable, in case one of the parties had any marriages in the past.
  1. When one of the party is a Foreign National:

Admissibility Conditions:

•      One party out of both needs to  be an Indian

•      The Man must be 21 years of age and the bride must be 18 years of age.

•      No Party should have a valid marriage at the time of application and registration of the said marriage

•      Both the parties should be of sound mind

•      The parties should not be within the degrees of prohibited relationship

Documents Required:

•      The Marriage Application form signed by both the parties.

•      Proof of the date of birth of both parties.

•      Copy of Passport of both the parties along with a valid Visa.

•      Domiciliary proof of both the parties.

•      Documented proof about staying at the district in India of atleast one of the parties for more than 30 days.

•      N.O.C. or Marital Status certificate from the concerned embassy or Consulate in India by the non-national partner.

•      Death certificate or divorce decree where either is pertinent, in case one or both parties had any marriages in the past.

Procedure:

  • A notice needs to be filed by the parties to the Registrar of Marriage in a district where atleast one of the parties has resided for a period not less than 30 days preceding the day of such notice.
  • Post this the notice is published by the Registrar to ask for any objections on the application.
  • When no objection raised, the marriage is solemnized at the mentioned Marriage office where both the parties need to be present along with 3 witnesses on the date of solemnization.
  • The Marriage Certificate is then entered and granted by the Marriage Registrar.

Disclaimer:- This is only generic information on Indian Laws, which may be subject to change regard being had to legal amendments from time to time and should not be relied on for any legal action or inaction. Legal Nexus will not be liable for any damages or losses, direct or indirect, suffered or incurred by any user who chooses to proceed on the basis of reliance on the information provided herein.

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