Introduction
Contrary to regular marriages, court marriages are unique. As the name implies, court marriages take place in front of a marriage officer in a courtroom.
The Special Marriage Act of 1954 legalizes court marriages. Irrespective of their caste, creed, or religion, two Indians can have a court marriage.
The process of a judicial marriage in India will be covered in this article, along with other important details.
Rules for Court Marriage in India
Eligibility
Girl’s age should be 18.
Boy’s age should be 21.
No prohibited relationships.
Free consent
Sound mind
No valid previous marriage.
Following are some guidelines for completing a judicial marriage in India.
The bride must be 18 years old and the groom must be 21 years old. This is the most important requirement.
The parties should not have any relationships that are banned in any way.
Both parties must freely consent to the court marriage; that is, neither party must be incapable of giving a legal consent due to mental incapacity or any other reason.
Both parties must not be involved in a legal marriage to anybody else. If the prior marriage was dissolved or the previous partner passed away, the couple might proceed with the judicial wedding.
Documents required for court marriage in India
Documents
Marriage application form
Residential proof
Age proof
Affidavit
Passport size photo
Divorce paper or death certificate of spouse (if required)
There are some rules for doing court marriage in India which are discussed as follows
The first and foremost condition is that the bride should of 18 years of age and the groom should be of 21 years of age.
Both the parties should not fall within the degree of prohibited relationship.
Both the parties must have free consent for the court marriage, that is none of the parties to the court marriage to be incompetent of giving valid consent due to unsound minds or any other factor.
Both the parties must not be in a valid marriage with any other person. The couple can proceed with the court marriage if the previous marriage has been dissolved or the previous spouse is dead.
The procedure of court marriage in India
Notice of the intended marriage.
Publishing of the notice.
Objection to marriage.
Declaration by parties and the witnesses.
Place and from of solemnization.
The procedure for marriage certificate.
Notice of the intended marriage: The first stage is to give the marriage registrar of the district where at least one of the parties to the marriage has resided for a period of not less than 30 days immediately prior to the date on which such notice is given a notification showing the intention of marriage. The special marriage act's section 5 requirements must be followed in the notice.
Publishing of the notice: The marriage registrar will then post the notification to request any objections.
Objection to marriage: According to Section 7 of the Special Marriage Act, anyone who has a concern about the court marriage may voice that concern within 30 days after the day the Marriage Registrar published the notice.
If the marriage registrar determines that the objection presented is valid, he or she will put a halt to the court marriage process. If the objection is unjustified, the court marriage registration process will continue. If the marriage registrar upholds the objection, the parties may appeal the marriage officer's or registrar's decision to the district court to complete the Indian court marriage procedure.
Declaration by parties and the witnesses: The parties and witnesses will then make a declaration. The court marriage form is signed by the parties, the witnesses, and a statement stating they are completing the marriage voluntarily. In the presence of the marriage registrar, the declaration Court Marriage form must be signed.
Place and from of solemnization : The solemnization of a Court Marriage may occur at the office of the marriage registrar or any other location within a reasonable distance, according to Section 12 of the Special Marriage Act. By completing the online form, you can also solemnize the marriage process. The process for paying the court marriage fees is included in the online court marriage application.
The procedure for marriage certificate: Following the solemnization of the marriage, the marriage registrar completes the marriage certificate in accordance with Schedule IV of the Special Marriage Act. A legal marriage declaration signed by the spouses and their witnesses is attested to by the court marriage certificate.
Conclusion
This is everything about the Indian judicial marriage procedure, then. I hope it was at least somewhat useful to you. If so, be sure to share this article with someone who could use it.