Court Marriage in India

Court marriage in India takes place in the court in the presence of a marriage officer. No kind of tradition is followed that is practiced during a traditional wedding. In a court marriage, two individuals who are eligible to get married can marry each other in the presence of three witnesses. There is no need for a traditional celebration to solemnize the wedding. A court marriage is valid in front of marriage officers and witnesses. An Indian Court marriage should satisfy the necessity of the Special Marriage Act, of 1954.

Regardless of caste, religion, or faith, court marriage in India takes place. Court marriage is a special choice for those who have two different religions or castes. In a courtroom, marriage between people of different classes and religions is also allowed. Direct applications for a marriage license can be made to the marriage registrar by partners desiring to do court marriage.

Rules and Regulations Required for Court Marriage in India

According to Section 4 of the special marriage act,1954 some rules and regulations need to be obeyed before getting a court marriage. The rules and regulations required for Court Marriage in India are as follows:

• There should be no pre-existing marriage for any of the parties. The only exception is, the previous spouse is not alive, or divorce has been obtained from them.
• Free permission for the court marriage should be given by both parties. Permission should not be taken when the person is insane and of unsound mind etc.
• Both parties should have a marriageable age to get a court marriage in India. The boy should be 21 years old, and the girl should be 18 years old.
• Both parties to the court marriage should not be related to each other under the forbidden degrees of marriage. Marriage registration will only be solemnized if one of the party's customs allows it.

Process Of Court Marriage in Indian Courts

The couples who want to court marriage must first provide written notice to the district wedding authority. The Second Schedule specifies how the parties to the wedding must notify the marriage officer in writing of their intention to marry.

Make the Notice Public

The notification must be attached after the wedding official posts it prominently in his office; any objection must be filed 30 days after the posting. If there are no objections, the official may perform the marriage ceremony.

Rejecting Marriage

Anyone may object to a judicial wedding under section 7 of the law if it would violate any of the conditions stated in section 4 of the act. However, rather than using subjective justifications, the complaint should be made on legal bases. The Officer has 30 days from receiving an objection to investigate it and, if it does not stop the wedding, solemnize it.

The Parties' and the Witnesses' Declarations

Three witnesses are required for a judicial marriage for the ceremony to proceed. Both parties shall sign and declare in the manner outlined in the third schedule in the presence of the official and three witnesses.

Marriage Certificate

A court marriage occurs in a legal environment. Along with order to quickly spot any possibility for false approval or unusual behaviour. The Application for the wedding will be issued once each of these has been completed. The parties, and the three witnesses, must all sign the certificate. Such a certificate provides absolute proof of a court marriage registration.

Cost/Fees of Court Marriage In India

Each person must research the fees associated with the respective area where the wedding will be solemnized because the court marriage fee differs from state to state.

Advantages Of Court Marriage In India

Through a court marriage , two persons of different genders who belong to the same or different religions or castes can marry each other. In a court marriage, both persons do not need to be Indian nationals. They can also marry if one of the parties is a foreign national. Here are the advantages of court marriage in India.

• It is less expensive and complex.
• It enables you to stay away from expensive wedding ceremonies and rituals
• The bride and groom are free to choose how they want to officially declare their marriage
• It ensures that there is an agreement between the parties. Both parties willingly sign the licence. The partners' permission, like in a religious union, may or may not be freely given.

Conclusion

The Special Marriage Act of 1954 is said to be the legal document that solemnized judicial weddings based on the aforementioned reasoning. Here in this article, we have discussed the different roles and responsibilities, and advantages of court marriage in India. To know more about court marriage procedure or other information regarding court marriage, contact Legal Air.