Procedure for Court Marriage

Procedure for Court Marriage:

Court marriage is an option which people seldom look towards because our society glorifies grand weddings. Court marriages in India are solemnised under the Special Marriage Act, 1954, which overlooks caste, religion and creed of people who willingly want to get married to each other. The marriage can be solemnised in a formal court under the presence of a Marriage Officer and witnesses, three in total. 

The only conditions applicable are: you and your partner should meet the necessary requirements of age backed with documentary proof. Both of you shouldn’t be married to other individuals, unless your former partner is deceased or you are formally divorced.

The couple should fill out the marriage application form which you can find online https://courtmarriage-gov.in/.  This form should be signed by both the bride and bridegroom. You must also keep a receipt of the fee paid. You can get an estimate at the website https://courtmarriage-gov.in/as the fee differs from state to state, but is no more than Rs 500-Rs 1000, but it is always better to check first.

 Apart from this you both must individually have-- age proof documents (Birth Certificate), residential address proof (Aadhar Card, Voter ID, Ration Card or Driving License), affidavit, two-three passport size photographs, and a copy of divorce order in case of a divorcee and death certificate of spouse in case of widow/widower.

These were for the people getting married, apart from this you would require proof of the witnesses as well. Things required from them would be, a passport-size photograph, their PAN card and proof of identification, like their Driving license or Aadhar Card.

1. Notice of intended marriage:

The starting step of the six-step procedure is the preparation of the notice of intended marriage. It is imperative that at least one person amongst the couple furnish a notice (in a prescribed format) to the Marriage Registrar of the districts in which that person has resided for a period of thirty days immediately preceding the date on which such notice is given.

2. Publishing of notice:

The second step entails that the Marriage Officer shall publish the notice in his office in a visible place. The Marriage Officer shall keep all the true copies of the notices in the Marriage Notice Book.

3. Objection to marriage:

After a notice has been published, a 30-day period will be raised where an objection can be raised against the marriage by any person. The nature of the objection is to be recorded by the Marriage Officer in the Marriage Notice Book. If an objection is raised and the Marriage Officer finds it legitimate, the marriage registration process will be terminated. If not, then the process will continue further after the 30-day period is over. 

4. Declaration by parties and witness:

Now comes the part where you get to exercise your vows. So, before performing the marriage, the court marriage application form has to be signed by the couple along with their three witnesses declaring their free consent. 

5. Solemnisation of marriage:

Now that you are 90% through with the process, the penultimate step towards the marriage certificate is solemnisation of the marriage. The marriage can be solemnised at the office of the Marriage Officer or at any other place within a reasonable distance to the couple. But the latter option has an additional fee involved. 

6. Get the marriage certificate:

Once your marriage has been officially solemnised, your marriage registrar will enter the details in his marriage register and the marriage certificate will be issued (finally!!). This court marriage certificate is proof of a valid marriage between the couple after the signatures of both parties and witnesses.

Posted By: Adv. Deepali | Posted on: Nov 30, 2020 | Category: marriage act | Tag:
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