Court Marriage Process in Delhi

The Special Court Marriage Act of 1954 provides many advantages for couples who wish to do a court marriage. Some of these benefits include the fact that court marriages can be conducted without parental permission, there is no need for a dowry, and both Hindu and Muslim couples are treated equally under the law. Couples from different castes, religions, and nationalities can solemnize and register their marriage through a simple process. The marriage is completed in the presence of the marriage registrar. Three witnesses are required to do a court marriage process. In this article, we are going to discuss the documents required, fees, and steps involved in the court marriage procedure in Delhi.

Steps Involved in Court Marriage Procedure In Delhi

• Notice of marriage: First of all, both parties require to give notice to the marriage officer of the district. It mandates that the parties to the marriage shall give notice of the intended marriage in writing and the form prescribed in the Second Schedule to the Marriage Officer.
• To publish the notice: The Marriage Officer shall publish the notice by attaching it to some evident place in his office after publishing the notice. There is a waiting period of 30 days for any kind of objection regarding court marriage. The marriage officer can perform the marriage if there is no objection from any side.
• Objection to marriage: According to the law (under section 7) anyone can oppose the court marriage within 30 Days. If the marriage would violate any conditions specified in section 4 of the act. The objection should be on a legal basis. The objection should not be on a personal basis.
• Declaration by the bride and groom and also by the Witnesses: Three witnesses are required in court marriage, before the solemnization of the marriage. A signature and declaration in the form specified in the 3rd Schedule, in the presence of the Marriage Officer by both bride and groom as well as also by three witnesses are required.
• Certificate of marriage: After obeying all these steps, the marriage officer will give the marriage certificate. And this certificate must be signed by both the bride and groom and three witnesses. The marriage certificate is evidence of the court marriage.

What will be the criteria used?

The first one is the Hindu Marriage Act

Verification of all the documents is carried out on the date of application and a day is fixed for the parties for registration. On the fixed day, both parties, along with a Gazetted Officer who attended their marriage, need to be present at the office before the SDM. The Certificate is issued on the same day of the court marriage.

The second is the Special Marriage Act

Both parties are needed to be present after the submission of documents for issuance of public notice inviting objections. One copy of the notice is pasted on the notice board of the office and a copy of the notice is sent to both parties by registered post as per the address given by them. The registration is done 30 days after the date of the notice. Both parties along with three witnesses are needed to be present on the date of registration.

Documents Required for Court Marriage Procedure in Delhi

The documents required for the court marriage procedure in Delhi from the bride and bridegroom are as follows:

• The application form should be signed by both the groom and bride
• Proof of date of birth of both bride and bridegroom
• Residential proof of both
• Two passport-size photographs of the bride & groom
• Death certificate or divorce order if the parties are previously married
• Two passport-size photographs of the bride & groom
• Receipt of fees paid regarding the application form in the District Court
• Statement by both bride and groom that they are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act

The documents required from the three witnesses for the court marriage procedure in Delhi are as follows:

• One passport-size photograph of each witness
• Photocopy of the PAN card of each witness
• Photocopy of the Identity Document of each witness
• Photocopy of any one of these documents such as an Aadhaar Card, PAN Card, Driving License, Passport, or Voter ID Card (front and back side)

Fees Structure for Court marriage Procedure in Delhi

In general, the application cost for court marriage in India is ₹150 under the Act of Special Marriage and ₹100 under the Act of Hindu Marriage. The court marriage fees also vary from one state to another state. The person can individually look into the fees of the respective place where the marriage is to be solemnized.

Conclusion

In the above article, we have discussed the different steps, procedures, and fees required for the court marriage procedure in Delhi. To get more details about this, you can contact Legal Air.