Court Marriage in India: A guide to successful marriage with procedure
– By Avinash Chaudhary
In India, Marriage is considered to be the most basic institution of basic human life. The concept of marriage varies from community to community and nation to nation. A court marriage takes place under the Special Marriage Act, 1954 and is common across the nation. a court marriage is performed without any discrimination on the basis of caste, colour, religion, or creed. The parties who are belonging to two different religions are also eligible for court marriage. Simply a court marriage means solemnizing of marriage according to law. Court marriage can also be performed in inter-caste and inter-religion people. The interested parties can directly apply to the Marriage Registrar in order to get a marriage certificate.
Eligibility for court marriage
- Firstly, both the parties should not have lived as husband /wife at the time of marriage.
- The bride should be at least 18 years of age and the groom should be of 21 years of age.
- The parties should not be of unsound mind.
- They should not be unable to give valid consent at the time of marriage.
- Both parties should not suffer from any kind of insanity or mental disorder.
- Both the parties should not be within the degree of prohibited relationship. (Exception for court marriage only if their custom will allow.)
Documents which are required for court marriage:
- The application form should be signed by both parties.
- Evidence of date of birth of parties.
- Residential proof of both the parties.
- Two passport size photographs of the bride and groom.
- Death certificate or divorce decree if the parties are previously married.
- Receipt of fees paid with respect to the application form in the office of marriage registrar.
- Affirmation by the parties that they are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act.
Process of court marriage
Step 1-Notice of marriage
- Firstly, the parties need to give notice to the marriage officer of the district. It mandates that the parties to the marriage shall give notice of the intended marriage in writing and in the form prescribed in the Second Schedule to the Marriage Officer.
Step 2-To publish the notice
- The Marriage Officer shall publish the notice by affixing it to some conspicuous place in his office after publishing the notice; there is a waiting period for 30 days for any kind of objection. If there is no objection, then the marriage officer can perform the marriage.
Step 3- Objection to marriage
- Under section 7, anyone can object to the court marriage within the 30 Days period that the marriage would violate any conditions specified in section 4 of the act. but the objection should be on a legal basis, not on a personal basis. The Marriage Officer, under section 8, on receiving an objection would enquire into it within 30 days and solemnize the marriage if the objection doesn’t impede the solemnization of the marriage.
Step 4- Declaration by the parties and the Witnesses
- Before the solemnization of the marriage, three witnesses are required in court marriage. Signature and declaration in the form specified in the Third Schedule, in the presence of the Marriage Officer by both the parties and three witnesses are required.
Step 5- Certificate of marriage
- After following all these steps, the marriage officer will give the marriage certificate. And this certificate must be signed by both the parties and three witnesses. such a certificate is conclusive evidence of the court marriage.
Court marriage cost
The cost of the court marriage is very convenient and affordable which saves lots of money value and the respect and stand are same in value which normal marriage have in society. The process of court marriage cost also varies from state to state and one has to individually look into the fees of the respective place where the marriage is to be solemnized as per their scheduled time.
Advantages of court marriage:
- The biggest advantage of court marriage is very convenient to both parties to marriage.
- It saves the huge expenses of a wedding rituals and ceremonies of newly married couple.
- The parties to the marriage get the option of solemnizing the marriage in any way they want and the monetary fund for marriage is easily adjustable.
- The married couples have absolute freedom with there consent to solemnize the marriage by signing the documents by both of them.
- Pocket friendly to the new generation youngsters.
- It saves huge time of the busy professionals who are lacking time for marriage.
The assistance of Lawyer required in court marriage:
- The parties first consult their advocate for filing the notice of the marriage. A matrimony lawyer will be your best bet to go ahead with the court marriage procedure.
- An advocate will advise the parties to the marriage as per the applicable law, the place of registration, where marriage can be registered.
- An advocate will ensure that the parties are of majority age.
- An advocate will ensure free consent of both parties required at the time of marriage.
- An advocate will prepare all the necessary documents required for the registration process. It helps in reducing the burden and time of parties to the marriage.
- An advocate will set up a mutually convenient time for you, your partner, and the three witnesses to meet at the office of the marriage registrar to conduct a final check of documentation.
- In case of further claims and deliberations raised, an advocate will file an appeal on behalf of parties and make the arguments.
Conclusion
On the basis of the above discussion, every person has right to life and personal liberty under Article 21 to marry with the partner of their own choice when they will be adult as per the age in Indian laws and spend a happy and successful life with a marriage and their partner as per their own freedom. Under the Universal Declaration of Human Rights, Article 16 states:
- Men and women of full age without any limitation due to race, nationality or religion, have the right to marry and found a family. They are entitled to equal rights as to marriage, during a marriage and its dissolution.
- Marriage shall be entered into only with the free and full consent of the intending spouses.
- The family is the natural and fundamental group unit of society and is entitled to protection by society and the state.
The conclusion is that the court marriage is solemnized under the special marriage act, 1954. Court marriage is being taken place in the legal environment of our society. So that any chance of falseness in the consent or any deformity in the behaviour can be easily caught out. The marriage which will be performed in front of a marriage officer and must be registered has strong evidentiary value.