Applicability for Court Marriage In India
- A person irrespective of any religion would be eligible for court marriage in India.
- A person belongs to any religion Hindu, Buddhist, Muslims, Sikhs, Christian, Jews can perform marriage under the special marriage act, 1954.
- Applicable to entire regions of India and also applicable to those who got Indian nationality but living in Abroad.
Requirements of Court Marriage Under Marriage Act 1954
- Special Marriage act 1954 is a civil contract
- Marriage performed under the marriage act 1954 no need to perform ceremonial requirements.
- Age: The age of the boy should be of 21 years, and the age of the girl should be of 18 years.
- Valid Consent: Both the male and the female should not be of unsoundness of mind of such a nature as to be unable to give valid consent for the marriage. The Valid consent of both the male and the female should be mandated to perform court marriage.
- Both the male and the female are not within the degrees of prohibited relationship.
- Both the male and female are not Spouse Living.
Documents required for Court Marriage Act 1954
- The application form should be duly signed by both the male and the female.
- Date of proof of both the male and the female.
- Address proof of both the male and female.
- Passport size photographs of both the male and the female
- Fee receipt along with the filled application form
- Divorce certificate in case one of the party have the marriage in the past.
- N.O.C certificate should be required from the concerned Embassy or Consulate in India by a foreigner partner.
- Passport size photograph, valid id, and resident proof required for all the three witnesses.
Application fees for Court Marriage
Application fees for Court Marriage are varied from state to state. Generally, the application fee for the court marriage procedure is between Rs 500 to Rs 1000. But it is always advisable to check the fees while filling the application form for Court Marriage.
Final Step by step procedure of Court Marriage In India
- Marriage Notice: The marriage registrar must keep all notices given under section 5 of the marriage act with the records of his office. The Marriage Registrar shall also cause a copy of such notice to be transmitted to the marriage registrar of the district within whose limits such party is permanently residing, and that marriage registrar shall thereupon cause a copy thereof to be affixed to some conspicuous place in his office.
- Notice Publication: The notice sent to the office of the marriage registrar shall be published by the marriage officer by pasting it to a place in his office which is visible by others while keeping the original copy of the notice in his notice book. Also, the notice must be forward to the officer in the jurisdiction where the parties reside so that the notice can be pasted at the right place.
- Notice to be published in the local newspaper for inviting objection to the marriage if any.
- Section 7 of the marriage act said that if any person has an objection to the marriage so intended can object within a time-frame of 30 days of publication of notice by the marriage registrar. If the marriage registrar finds that the objection made by a person he has the right to end the whole process of intended marriage and if the objection as unjustified he further proceeds the process of intended court marriage.
- Declaration: The next step of the intended court marriage is a declaration of both parties and the witness before the marriage is solemnized both the parties and the witness signed a declaration form in the presence of the Marriage Registrar, sign specified in the Third Schedule to this Act, and the declaration shall be countersigned by the Marriage Registrar.
- Section 12 of the Special Marriage Act states that the court marriage solemnized at the office of the marriage registrar or any other place within a reasonable distance and in these condition payment of additional fees may be prescribed.
Marriage Certificate:
- After solemnization of marriage, Marriage Registrar shall keep all the forms signed by both the parties and the three witnesses and keep all these records in the form of a certificate in the specified book called marriage certificate book.
- On a certificate being entered in the Marriage Certificate Book by the Marriage Registrar, the Certificate shall be deemed to be undeniable evidence of the fact that a marriage performed under this Act has been solemnized and that all formalities respecting the signatures of witnesses have been complied with.
- By final oath ceremony is performed under the special marriage act 1954 in the presence of marriage registrar and the three witnesses, the court marriage certificate is issued by a Marriage Registrar
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