Overview of the Court Marriage in India
For couples from different classes, religions, or countries, a judicial marriage is the best option in India. The Special Marriage Act of 1954 (the "Act") allows couples who are from different castes or religions to have their marriage legally recognised. In this case, the couple can go to court and tie the knot in front of three witnesses and a marriage officer. The Sub-Registrar designated under the Act is often the marriage official.
What is Court Marriage?
A marriage performed at the Sub-Registrar's or marriage office is referred to as a court marriage. The Act's prescribed protocol, which is followed in every Indian state, is followed while performing a judicial marriage. The marriage is performed by the marriage official without regard to caste, creed, or religion. It is a lawful marriage performed in accordance with the law, not with tradition or custom. To obtain their marriage certificate, the bride and groom can apply for their marriage immediately from the court to the marriage officer. The court marriage can be recorded at the marriage officer's office in the jurisdiction or area where the bride and groom reside.
Advantages of Court Marriage in India
• Economical marriage using a straightforward process
• Assures both parties' consent; • Saves the enormous costs associated with wedding ceremonies and traditions; • Allows parties to solemnise the marriage whenever they like.
A court marriage is one that is performed by a marriage officiant. As a result, the bride and groom are legally bound by the marriage. The marriage officer's marriage certificate serves as evidence of the union.
Eligibility for Court Marriage in India
Following requirements need to be met for the marriage officer to legally sanction a judicial marriage between the bride and groom under the said Act:
The bride and groom do not have a spouse who is still alive; they are in good mental health and are able to give valid consent to the marriage; they do not suffer from a mental illness that would render them unfit for marriage and childbearing; they do not experience frequent episodes of insanity; the bridegroom is 21 years old, and the bride is 18 years old; and they are not in the range of a prohibited relationship.
Documents Required for Court Marriage in India
• Independent affidavits from the bride and groom that provide the following information:
Date of birth; marital status (widower, unmarried, or divorcee); confirmation that the couple is not related to one another within the scope of the prohibited relationship; passport-size photos of the bride and groom; identification and proof of residence for the bride and groom; a copy of the notice of the intended marriage that the couple signed; a copy of the divorce order, if the couple is divorced; and a copy of a spouse's death certificate, if the couple is widowed or widowed.
The following are the documentation that each witness must provide:
A passport-sized photo, a copy of your proof of address, and a copy of your identification
Procedure for Court Marriage in India
Step 1: Marriage notice
The court marriage application form, which serves as notification of the impending marriage, must be given to the marriage officer by the bride and groom. Before 30 days of the planned marriage date, the notification of the intended marriage must be delivered as specified in the Act's second schedule.
Step 2: The notification is published
The notice of planned marriage provided by the parties will be published by the marriage officer by being prominently displayed at the marriage officer's office. 30 days are given to raise objections to the marriage if anyone has from the date of publication only. After 30 days have passed after the notice was published, the marriage officer will execute the marriage if there are no objections.
Step 3: Any opposition to marriage
Within 30 days of the notice of the planned marriage being published, anybody may object to the judicial marriage. The marriage officer may receive an objection to a marriage on the grounds that it does not meet any of the requirements for a judicial marriage. However, rather than being based on personal feelings, the opposition to the marriage should be based on the law. Within 30 days after receiving the objection, the marriage official is required to inquiry into it. When there are no requirements for marriage being broken, the marriage official can solemnise the marriage after asking about the objection.
Step 4: Parties and witnesses make a declaration
In front of the marriage officer, the marital parties and three witnesses must provide the declaration as outlined in the third schedule of the Act. The declaration will also be countersigned by the marriage official.
Step 5: Marriage location
The parties may opt to get married at the marriage officer's office or at another location within a reasonable travel time. The additional payments as specified must be paid by the parties if they decide to have the marriage solemnised anywhere else. Any format that the parties decide upon can be used to solemnise the marriage.
Step 6: Marriage certificate
Following the solemnisation of the marriage, the marriage official will present the marriage certificate. It is further signed by the bride and the groom along with their three witnesses. The marriage certificate serves as definitive proof of the union.
Court Marriage Fee in India
Each state has a different court marriage cost. Court marriage fees is generally between Rs. 500 and Rs. 1,000. The application form price, which ranges from Rs. 100 to Rs. 150, the court stamp fee, the cost of photocopying papers and affidavits, and any other incidental costs are all included in the court marriage fees and it is submitted in the office of the court marriage officer.
The needed stamp fees, fees for photocopying papers, fees for creating an affidavit, other incidental costs, and legal fees if they engage a lawyer must all be paid by the parties in addition to the payments to the marriage officer.
Conclusion
The aforementioned explanation leads to the conclusion that the Special Marriage Act of 1954 solemnized judicial marriages. In a legal setting, court marriages are being performed. in order to readily detect any possibility of fraudulent consent or any abnormality in the behaviour.
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