Court Marriage Process In Delhi +91-88770-01993

Written by:

Adv Shifa

Updated: 09-03-2024

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As marriages in India would be legally valid only if they are solemnised as per the customs and rituals of the community one belongs to, therefore marrying a partner who is outside your caste or religion does become a source of frustration sometimes. In many scenarios, a couple may not be willing to invest huge amount of time and money which has become an undeniable part of traditional marriage practices in India. A sure shot solution to these issues could be Court marriages in Delhi, as one may tie a knot in a simple wedding ceremony in the presence of the marriage officer.

A court marriage is solemnised as per the provisions of the Special Marriage Act, 1954 (‘Act’). A couple may belong to any caste, religion or nationality, and could solemnise the court marriage in presence of a marriage officer as well as three witnesses. Marriage officer would usually be the Sub-Registrar appointed under the Act.

Conditions required for Court Marriage

Court marriage would be solemnised by the Marriage Officer as provided by the Act when the following conditions are fulfilled-

The bride and the groom must not have a living spouse at the time of filing for court marriage
The bride and the groom:

should be capable of giving a valid consent to marriage and should be of sound mind
even though capable of giving a valid consent, either of the parties must not be suffering from mental disorder of the kind or to such extent where it makes him or her incapable of marital obligations and responsibilities.
Either of the parties do not suffer from recurrent attacks of insanity

The minimum age to apply for court marriage for groom and the bride is 21 and 18 years respectively.
The couple wishing to marry must not fall with the within the degrees of a prohibited relationship

Procedure for Court Marriage in Delhi

Notice of marriage

The parties applying for court marriage must submit the court marriage application form, i.e. notice of intended marriage, to the marriage officer under whose jurisdiction either of the parties have been living continuously for a minimum period of 30 days. This notice for the intended marriage would be for a period of 30 days.

Publication of the notice

The notice after submission would then be published by the respective marriage officer by having it affixed in a conspicuous place visible to general public in his office. After the notice has been published, a 30 days period would be given, within which any person can raise objection to the marriage. If no objection is raised within the time period so provided, the marriage officer would provide a date on which the respective couple would sign a declaration for marriage.

In case a valid objection is raised

As has already been mentioned any person may raise objection to the marriage officer based on the grounds provided under the Act of 1954 and not based on personal bias within the prescribed period of 30 days.

As per the provisions of the Act, the marriage officer would enquire about the objection so raised within a period of 30 days from the date such objection has been raised. If after the enquiry the objection so raised is deemed to be invalid, the officer would continue with the process of court marriage.

Declaration by the parties and witnesses

After the documents have been checked properly and all related enquiries related to any objection so raised have been dismissed, the parties to the marriage as well as three witnesses would be required to appear before the marriage officer on the date and time as has been prescribed by the marriage officer.

The parties and the witnesses would have to sign the declaration for marriage with the marriage officer countersigning it.

Marriage Certificate

The marriage officer would provide the marriage certificate after whole procedure for court marriage has been completed. The marriage certificate so issued is a conclusive proof of the marriage so solemnised. The details regarding the marriage would be registered by the marriage officer in the Marriage Certificate Book.

Documents Required

The documents necessary to be submitted with the marriage application form have been enlisted hereunder-

Affidavits from both the parties declaring their containing the following details:

Date of birth
Marital status, i.e. if they are unmarried, widow/er or divorced
Affirmation from the parties that they do not fall with the degrees of prohibited relationship.

Passport-size photos of both parties
Residential proof of the parties
Application form duly filled and signed by the respective parties.
A copy of divorce order by the court or the death certificate in case either of the parties are divorced or widow/er

For further information on the list of documents required, or to have a better understanding of the procedure of court marriage, it is advised that you contact us at Sharks of Law.

Summing up, Court marriages in Delhi are marriages solemnised by the marriage officer. Therefore, they are legally binding on the bride and the bridegroom. The marriage certificate which is issued by the marriage officer is a conclusive proof of the marriage.

Sharks of Law offers you a team of experienced advocates who boast of a successful track record of handling complex cases. We offer you a team of advocates specialising in different kinds of cases, such as civil cases, criminal cases or cases related to family law. Thus, if you wish to seek free legal advice online, legal counsel, you may contact us.

Email:-helpdesk@sharksoflaw.com

Help Desk:-+91-88770-01993