A court marriage can take place or be solemnized in the court itself in the presence of a Marriage Officer and three witnesses. This type of marriage does not have to necessarily include the elaborate customary or ritualistic steps of the personal laws of the parties to the marriage. Merely marrying in the presence of marriage officer in accordance with the act is sufficient for a valid marriage.
Court marriages are solemnized under the Special Marriage Act, 1954. Court marriage can be performed between an Indian male and a female irrespective of their caste, religion or creed. It can also be solemnized between an Indian and a foreigner. The procedure of the Court marriages does away with the rituals and ceremonies of the traditional marriages. The parties can directly apply to the Marriage Registrar for performance & registration of marriage and grant of marriage certificate.
The 1st step of the procedure of court marriage is to notify the marriage officer of the district about your intention to marry. One can do this by filling up the court marriage application form (which is mentioned in Schedule II of the Special Marriage Act, 1954). This can also be downloaded from the internet. One has to submit this form 30 days before the date of the marriage to the officer of the district where either of the partner resides in.
After being informed, the district marriage registrar displays the notice at a prominent place at his office for 30 days. Within this period, anyone can object to the marriage if they deem it to be illegal under the Act and eligibility conditions prescribed under it. Section 7 of the Special Marriage Act states that any person whose has an objection to the marriage intended can raise so within 30 days from the publication of the notice. Once any such objection is received, the marriage registrar verifies the validity of the same. On being reasonably satisfied with the validity of the objection, the registrar will end the court marriage process therein. In such cases, the partners may appeal to the concerned district court, against the order of the marriage registrar. If there is no valid objection, the officer can proceed with the procedure of court marriage, as per the laid down court marriage rules.
The bride, groom, and three witnesses have to sign a declaration form in the presence of the marriage registrar or at a location that is reasonably close to the registrarâ€™s office (as mentioned in Section 12 of the Special Marriage Act). The declaration has to state that the parties are proceeding with the court marriage, with their consent
If all the formalities are completed, the marriage registrar specifies the details of the court marriage in the court marriage certificate. This is as per provisions mentioned in Schedule IV of the Special Marriage Act. The certificate is issued within 15 to 30 days.
The court marriage fees are different in one state to another. Every state has the liberty to frame its own court marriage rules and regulations. Accordingly, the court marriage fees structure also differentiates between states. Therefore, it is advised to partners who are getting married to check the application fee and other fees related to the procedure of court marriage, before going ahead with the online application of a court marriage certificate.
Usually, the court marriage fees for application are Rs.100 under the Hindu Marriage Act and Rs.150 under the Special Marriage Act. Other than this, there are a few administrative and other charges one may have to incur. The fee to be paid to your court marriage lawyer would depend on the type of case the lawyer is handling and the reputation of the lawyer. A straightforward case is often cheaper.
#tags: Marriages, Court Marriages, Special Marriage Act, Documents, and Registration