Court Marriage Process in India

In this article, we will share with you full details about documents required for court marriage in India. Court Marriages in India take place under the special marriage act of 1954. The marriage takes place in a court in the presence of three witnesses and a Marriage Officer. Court marriage can be conducted between two Indians irrespective of their caste, religion, or creed. The court marriage can also be taking place between an Indian and a foreign national. In this article, we will look at the documents required for court marriage in India in detail.

Conditions for Court Marriage

The marriage official can solemnize a court marriage between the bride and the groom beneath the Act if the following requirements are fulfilled at the time of marriage:

• The bride and the groom do not have a living mate
• The bride and the groom is not unable of giving valid consent to the wedding due to unsoundness of mind
• The bride and the groom though capable of providing valid consent, is not suffering from a mental condition of such a kind or such an extent that makes her/him unsuitable for marriage and procreation of children
• The bride and the groom has not been subject to recurrent attacks of insanity
• The groom has completed 21 years, and the bride has completed 18 years
• The bride and the groom are not within the degrees of a restricted relationship

Documents Required for Court Marriage in India

The documents required for court marriage in India to be presented by the couple along with the court marriage application are as follows:

Individual affidavits from the bride and groom containing the following details:

• Date of birth
• Marital status – a widower/divorced/unmarried
• A declaration that the couple is not related to one another within the degree of restricted relationship

• 4 each passport-size photos of the bride and groom
• Address proof of the bride and groom
• Evidence of date of birth of the bride and groom
• Copy of the notice of the planned marriage signed by the duo
• Copy of divorce order, in the case of a divorcee and death certification of a spouse, in the matter of a widower/widow
• The papers needed to be submitted by all the spectators are as follows:Passport size photographs , Identity proof,Copy of PAN card

Procedure for court marriage:

• Step 1: File a 'Notice of Intended Marriage' in the prescribed form to the Marriage Registrar of the district in which at least one of the parties to the marriage has lived for a period of not less than 30 days instantly preceding the date on which such notice is given.
• Step 2: The information is then published/put up by the Registrar of Marriage inviting objections if any.
• Step 3: After the expiration of 30 days from the date on which notice of the intended marriage has been issued, the marriage may be solemnized unless it has been opposed by any person.
• Step 4: The wedding may be solemnized at the selected marriage office.
• Step 5: Both parties along with three witnesses are required to be present on the date of marriage registration.

Eligibility for court marriage

• Firstly, both parties should not have lived as husband /wife at the time of marriage.
• The bride should be at least 18 years of age and the groom should be 21 years of age.
• The parties should not be in unstable mental conditions.
• They should not be unable to give proper consent at the time of the wedding.
• Both parties should not suffer from any kind of insanity or mental disorder.
• Both parties should not be within the degree of a prohibited relationship. ( The court marriage can take place within a prohibited relationship if their custom allows doing so.

Court marriage cost

The documents required for court marriage in India and its cost expenses also differ from state to state and one has to individually look into the fees of the respective place where the marriage is to be solemnized.

Advantages of court marriage:

• It is an economical and a simpler process
• It saves the huge expenditures of marriage rites and ceremonies.
• The parties to the wedding get the chance of solemnizing the marriage in any way they like.
• It assures the consent of both parties. Both parties of marriage first sign the marriage documents. But there as in the marriage of tradition, the approval of the parties may or may not be free.

Conclusion

In this article, we tried to include all about court marriage in India, and the documents required for court marriage in India. From the above discussion, we can say that court marriages take place in India under the special marriage act of 1954. If you need any help with the Court marriage process you can contact Legal Air.