Court Marriage, Procedure, Acts, Eligibility & Age in India
A court marriage can take place or be solemnized in the court itself in the presence of a Marriage Officer and three witnesses. 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. This article delves into the key elements of a court marriage.
Mon Aug 08 2022 | Family Law | Comments (0)
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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 a 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.
ESSENTIAL CONDITIONS FOR COURT MARRIAGE
- There should not be a subsisting valid marriage of either of the parties with any other person.
- The bridegroom should be of twenty-one (21) years and bride should be of eighteen (18) years of age.
- The parties should not be of unsound mind of such a nature as to be unable to give valid consent for the marriage, or suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and procreation of children, or has been subject to recurrent attacks of insanity.
- The parties should not fall within the degree of prohibited relationship.
PROCEDURE OF MARRIAGE WHEN BOTH PARTIES ARE HINDUS
- The parties have to file a Notice of Intended Marriage in the specified form to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given.
- The notice is then published/put-up by the Registrar of Marriage inviting objections, if any.
- After the expiration of 30 days from the date on which notice of intended marriage has been published, the marriage may be solemnized unless it has been objected by any person.
- The marriage may be solemnized at the specified Marriage Office.
- Both parties along with three witnesses are required to be present on the date of registration/Solemnization
DOCUMENTS REQUIRED FOR COURT MARRIAGE
- Application form in the prescribed format with the prescribed fee
- Passport Size Photographs of Marrying Persons
- Residential Proof of Marrying Persons.
- Date of Birth Proof of Marrying Persons.
- Residential Proof and PAN Card of Three Witnesses
- Death certificate or divorce decree whichever is applicable, in case one of the parties had any marriages in the past.
REGISTRATION OF MARRIAGE IN CASE BOTH THE PARTIES BELONG TO DIFFERENT RELEGIONS:
The marriage performed under the Special Marriage Act, 1954 is a civil contract and accordingly, there need be no rites or ceremonial requirements. Where either of the husband or wife or both are not Hindus, Buddhists, Jains or Sikhs, the marriage is solemnized and registered irrespective of the religion, under the Special Marriage Act, 1954.
DOCUMENTS REQUIRED:
- Application form duly signed by both the parties.
- Documentary evidence of date of birth of parties.
- Residential proof of both the parties.
- Two passport size photographs of both the parties]
- Death certificate or divorce decrees whichever is applicable, in case one of the parties had any marriages in the past.
PROCEDURE:
- The parties need to file a Notice of Intended Marriage in the specified form to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given.
- The notice is then published/put-up by the Registrar of Marriage inviting objections, if any.
- After the expiration of 30 days from the date on which notice of intended marriage has been published, the marriage may be solemnized unless it has been objected by any person.
- The marriage may be solemnized at the specified Marriage Office.
- Both parties along with three witnesses are required to be present on the date of registration/Solemnization
COURT MARRIAGE OF AN INDIAN AND A FOREIGN NATIONAL
A marriage between parties, one of whom at least is a citizen of India, may be solemnized under Special Marriage Act, in India before a Marriage Registrar in India or a Marriage Officer in a foreign country.
ELIGIBILITY CRITERIA:
- At least one of the parties should be an Indian citizen.
- The bridegroom must be 21 years of age; the bride must be 18 years of age.
- Neither party has a spouse living,
- Neither party is an idiot or a lunatic,
- The parties are not within the degrees of prohibited relationship
- Each party involved should not have any other subsisting valid marriage.
DOCUMENTS REQUIRED:
- Application form duly signed by both the parties.
- Documentary evidence of date of birth of parties.
- Copy of Passport of both the parties with valid Visa.
- Residential Proof of both the parties.
- Documentary evidence regarding stay at district in India of one of the parties for more than 30 days (Proof of stay or report from the concerned SHO).
- O.C. or Marital Status certificate from the concerned embassy or Consulate in India by a foreigner partner.
- Death certificate or divorce decree whichever is applicable, in case one of the parties had any marriages in the past.
PROCEDURE:
- The parties to the marriage shall give notice in writing in the form specified, to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given, and the notice shall state that the party has so resided.
- All the documents are verified at the Office of Marriage Registrar.
- The law of other nation shall not be in conflict with Indian laws.
- The notice is then published inviting objection to the marriage, if any.
- If no objection is made, then, on the expiry of the notice publishing period, the marriage may be solemnized.
- The marriage shall be solemnized in the presence of at least three witnesses.
- Further the Marriage Certificate is entered and is granted by the Marriage Registrar.
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