Court Marriage – An Overview
The Special Marriage Act of 1954 governs court marriages in India. A judicial marriage takes place without regard for caste, race, religion, or creed. Simply said, a judicial marriage is the legalization of marriage irrespective of the caste, creed and religion. The marriage is conducted in the court in the presence of the marriage register and other officials with the consent of both the parties.
Legalities Supporting a Court Marriage
Either the Marriage Act of 1954 or the Special Marriage Act governs court marriages in India. A person can marry someone of the opposite sex when the guy is over 21 and the girl is over 18, a judicial marriage can be performed under both of these Acts. When both parties are Hindus, the Hindu Marriage Act takes effect. Court marriages for inter-caste marriages are governed by the Special Marriage Act.
Eligibility For Court Marriage
To begin with, neither party should have lived as husband or wife at the time of the marriage.
- The girl must be at least 18 years old
- The husband must be at least 21 years old
- The parties should not be in a state of insanity
- Both parties should offer legitimate consent in the marriage
- Both parties should not be in an illicit connection to any extent
- Both parties should be mentally stable.
Documents Required for Registering Court Marriage
- Aadhar card, Pan Card, and two passport-size pictures for the bride and groom
- Aadhar Card and two passport-size pictures of the witnesses, the witnesses must be of legal age and live at the current address
- Marksheets from High school
- A copy of the foreign national’s passport
- A valid VISA for a foreign national is required
- If you’re divorced, you’ll need a divorce decree certificate.
Process for Registering Court Marriage in India
Step 1: Provide a marriage notice
To begin, the parties must send notice to the district’s marriage officer. It requires the parties to the marriage to notify the marriage officer in writing and in the form stipulated in the second schedule of their intention to marry.
Step 2: Make sure to give a public notice
After posting the notice, the marriage officer must affix it to a prominent location in his office; there is a 30-day waiting period for any form of protest or objection. In case of no objection notified to the marriage register, the marriage can be conducted effectively.
Step 3: Opposition for Marriage
Section 7 of the legislation allows anybody to object to a judicial marriage if the marriage would breach any of the conditions listed in Section 4 of the Act. However, the objection should be based on legal grounds rather than a personal one. If an objection is received, the marriage officer must investigate it within 30 days and then conduct the marriage if the objection does not prevent the marriage from being solemnized.
Step 4: The parties’ and Witnesses’ declaration
In a court marriage, three witnesses are necessary before the marriage can be solemnized. Both the bride groom and the witnesses should adhere to the procedure given in the third schedule in the presence of the marriage officer.
Step 5: Marriage Certificate
The marriage certificate will be issued after all of these stages have been completed. The bride groom and the witnesses should sign the document in the presence of the marriage officer.
The Expense of a Court Marriage
As per the Hindu Marriage Act, the court marriage application fee is ₹100, and under the Special Marriage Act, it is ₹150. The cost of a court marriage varies from state to state, and each person must look into the expenses of the specific location where the marriage will be solemnized.
Benefits of Court Marriage Registration
- It is a more cost-effective and straightforward procedure
- It helps you avoid the high costs of wedding customs and ceremonies
- The bride and groom have the choice of solemnizing their marriage in any way they see it
- Both parties to a marriage sign the marriage documents freely.