Court Marriages In India:- Everything You Need To Know
Court marriages are solemnised in the presence of the marriage officer, which shall be legally binding on both the bride and the groom. The marriage certificate which is issued after the completion of the process of the court marriage is a conclusive proof of marriage.
India being a country of customs and culture, marriage is and has always been a crucial event in one’s life. However, one may face issues if he or she has decided to tie the knot with a person belonging to another caste or religion, or even country.
In such a situation, which customs would be followed, or under which law the marriage would be solemnised, for example marriage of the hindus would fall under the ambit of Hindu Marriage Act, 1955, similarly muslim marriage is governed under the Muslim ...Read More
In such a situation, which customs would be followed, or under which law the marriage would be solemnised, for example marriage of the hindus would fall under the ambit of Hindu Marriage Act, 1955, similarly muslim marriage is governed under the Muslim Law, etc.
In these situations, one has the option of having the marriage solemnised under the Special Marriage Act, 1954 and get married in the Court. The marriage so solemnised would be legally valid and will not fall under any personal law. Thus, a hindu and muslim couple could marry within the Court and such marriage would be legally binding. A court marriage could also be the answer in case you do not wish to go through week long customary practices, unnecessary pomp and show, and married in a simple ceremony.
Court marriage of the couple would be solemnised by the marriage after confirming that following conditions provided under the Act of 1954 have been fulfilled-
The documents which must be submitted along with the application form have been mentioned here under-
A simple version of the court marriage process has been mentioned here under-
1. Notice of Court Marriage
The parties to the marriage i.e. the bride and the bridegroom, would have to submit an application form for court marriage to the marriage officer, under whose jurisdiction either of the parties have been living for a minimum period of 30 days continuously. The said notice must be filed in accordance to Second Schedule of the Act.
2. Publication
The notice for court marriage as mentioned above would then be published by the marriage officer by having it affixed it in a conspicuous part of his office from where the notice is visible to common public. A period of 30 days would be allowed since the publication of the notice, in order to file any objection against the said union. The objection against the marriage could be raised by any one, however such objection must be raised on the grounds provided in the Act and not on a personal basis. In case no objection has been raised or the objection raised was found to be invalid, the marriage officer shall provide a date on which court marriage could take place.
As mentioned above, in case an objection has been raised against the notice for court marriage, the marriage officer will have a period of 30 days from the date such objection was raised to enquire about the validity of the claims in the objection. In case, the objection so raised is found to be valid, the application for court marriage would be cancelled. Appeal against such cancellation could be raised in the respective district court.
To further understand the process or seek free legal advice online, you may contact us at Sharks of Law.
If objection to the marriage has been raised or the objection raised was dismissed by the marriage officer, or the marriage officer dismisses the objection, the couple would have to appear before the marriage officer and submit the declaration for marriage as provided under Third Schedule of the Act. The witnesses must also be present on the occasion and sign the declaration with marriage officer counter-signing it.
Court Marriage could also be solemnised at a place, apart from the office of the Marriage Officer, which is within a reasonable distance as chosen by the parties. Additional fees would have to be paid in case the parties wish to sign the declaration at a place of their choice.
Court Marriage certificate would be issued by the marriage officer after the marriage has been solemnised. The bride and the groom, three witnesses must sign the marriage certificate, the Marriage Officer would then enter the necessary details in the Court Marriage Register The court marriage certificate so issued shall be a conclusive proof of the marriage. The details of the marriage will also be entered in the Marriage Certificate Book by the marriage officer.
The fees for court marriage would have to be paid to the office of the Marriage Officer. It may vary from state to state, in most cases the fees for court marriage may range from Rs. 500 to Rs.1000.
As could be deduced from the above discussion, it is not possible to submit the application for marriage one day as well as receiving the court marriage certificate on the same day.
However, if the documents have been submitted without any mistake and the procedure for the saame completed without any unnecessary delay, one would merely have to be present in the court premises to sign the declaration without going through any other formality.
All in all, court marriage is not a one day marriage process, but after the necessary details have been taken care of, the couple would merely have to sign a few documents to get married on the date so assigned.
It is, therefore advised to appoint an experienced court marriage lawyer from Sharks of Law who could submit necessary documents to the marriage officer on your behalf as well as take care of other details, so that you won’t have to come to the court for every small detail.
Summing up, court marriages are solemnised in the presence of the marriage officer. It shall be legally binding on both the bride and the groom. The marriage certificate which is issued after the completion of the process of the court marriage is a conclusive proof of marriage.
To seek legal counsel or assistance for court marriage, you may contact us at Sharks of Law.
Frequently Asked Questions
The total process of court marriage since filing the application form for court marriage could take from 30-60 days.
Court marriage would be solemnised in the presence of Marriage Officer and Three Witnesses
No, it is not necessary for the parents to be present during the court marriage. As the parties to the marriage should be consenting and adult, mere witnesses would be required.
Yes, as per the provisions of Special Marriage Act, only one of the parties could be staying in the area, for a period of 30 days, which falls under the jurisdiction of the marriage officer.
Two individuals would fall within the degrees of prohibited relationship, if one of them is the lineal ascendant of the other.
...Read lessConsult with experienced Lawyers across expert areas