Court marriage is a legally recognized form of marriage in India that provides an alternative to traditional wedding customs and celebrations.
It is a popular option for couples who wish to solemnize their marriage in a straightforward and economical manner. The court marriage process involves certain legal requirements, procedures, documents, and fees that must be fulfilled for the marriage to be considered valid.
I am Supriya Gill, a lawyer and in this article, we will explain in detail how court marriage is done, including the legal requirements, procedure, documents required, court marriage fees, and advantages of court marriage.
The process for court marriage involves several steps and legal requirements that must be met to ensure its validity. Firstly, the parties need to fill out the court marriage application form and submit it to the marriage officer. The notice of intended marriage will be displayed for public scrutiny for 30 days, and objections can be raised only on legal grounds.
Once there are no valid objections, the parties and witnesses must appear before the marriage officer to submit a declaration, and the marriage can take place at the officer’s office or any other location. The marriage officer will then issue a marriage certificate as conclusive evidence of the marriage.
To know more, read the full article.
How Court Marriage Is Done? (Procedure for Court Marriage in India)
Step 1: Giving notice of marriage
To initiate the court marriage process, the parties (bride and bridegroom) need to fill out the court marriage application form, also known as the notice of the intended marriage, and submit it to the marriage officer. As per the second schedule of the Act, the notice should be given at least 30 days before the intended marriage date to the marriage officer in whose jurisdiction either party has resided continuously for at least 30 days.
Step 2: Publication of the notice
Once the notice of intended marriage is submitted, the marriage officer will publish it by displaying it in a prominent location at their office. The notice will be available for public scrutiny for 30 days, and anyone can raise an objection to the marriage during this time.
Step 3: Objection to marriage, if any
If anyone raises an objection to the court marriage, it should be based on legal grounds and not personal reasons. The marriage officer will investigate the objection within 30 days and proceed with the marriage if there are no valid grounds to deny it.
Step 4: Declaration by parties and witnesses
Once there is no objection, the parties, along with three witnesses, need to appear before the marriage officer and submit a declaration as per the third schedule of the Act. The marriage officer will also sign the declaration.
Step 5: Place of marriage
The marriage can take place at the marriage officer’s office or any other location chosen by the parties, subject to additional fees. The parties can choose any form of marriage they wish to adopt.
Step 6: Certificate of marriage
After solemnizing the marriage, the marriage officer will issue a marriage certificate. The parties and witnesses need to sign the certificate, which serves as conclusive evidence of the marriage. The marriage officer will also enter the details of the marriage in the marriage certificate book.
What are the Legal Requirements for Court Marriage? (Rules for Court marriage)
A marriage is essentially a legal contract between two individuals, and as with any other agreement, there are certain requirements that must be fulfilled for it to be considered valid.
- The bride and the bridegroom are not currently married to anyone else.
- Both the bride and the bridegroom have the capacity to give their consent to the marriage, meaning they are not mentally unsound or unfit for marriage and having children due to a mental disorder or recurring insanity.
- The bridegroom is at least 21 years old and the bride is at least 18 years old.
- The bride and the bridegroom are not closely related within the prohibited degrees of relationship.
What documents are required for court marriage?
Certain documents are required for court marriage, which includes:
- To apply for court marriage, both parties need to sign the application form and provide evidence of their date of birth and residential proof.
- Additionally, two passport-size photographs of the bride and groom need to be submitted.
- If either party has been previously married, they need to provide a death certificate or divorce decree as proof.
- The parties must also provide a receipt of the fees paid to the District Court for the application form.
- Finally, the parties need to affirm that they are not related within the prohibited degree of relationship defined in the Special Marriage Act.
What is the fee for court marriage?
To proceed with court marriage, the parties need to pay the applicable fee to the office of the marriage officer. The court marriage fee varies from state to state and typically ranges between Rs.500 to Rs.1,000.
What are the advantages of Court Marriage?
- A budget-friendly wedding that involves a straightforward process,
- Eliminates the high costs associated with traditional wedding customs and celebrations,
- Gives the marrying parties the freedom to choose how they want to officiate the marriage,
- And guarantees the mutual agreement of both parties.
Conclusion
Court marriage provides a simple and cost-effective way for couples to get legally married in India.
The process involves following certain legal requirements and procedures, submitting the necessary documents, and paying the applicable fees to the marriage officer. By opting for court marriage, couples can avoid the high expenses associated with traditional wedding ceremonies and have the freedom to choose how they want to solemnize their marriage.
Overall, court marriage is a practical and convenient option for couples who prioritize practicality and affordability over elaborate wedding celebrations.
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