Procedure for court marriage in India

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Court Marriage Process in India

In India, court marriage is a legal union between two individuals performed under the Special Marriage Act, of 1954. This type of marriage allows couples to bypass traditional Hindu marriage rituals and customs, and instead, formalize their union through a legal process. Down below, we share with you the procedure for Court Marriage in India.

Procedure for court marriage in India

The process of court marriage in India involves the following steps:

  • Filing a notice of intended marriage with the registrar of marriages in the district where either party resides.
  • Publication of the notice for 30 days, during which any objections to the marriage can be raised.
  • Obtaining a marriage certificate from the registrar after a minimum of 30 days from the date of the notice.
  • Performance of the marriage ceremony in the presence of three witnesses.

Both parties must be at least 21 years of age, and should not be in a prohibited relationship as defined by law. Court marriage can be between individuals of different religions or from the same religion

It is essential to note that a court marriage in India is considered valid only if performed under the Special Marriage Act, of 1954.

In the above article, we shared the procedure for court marriage in India.

Required Eligibility For Court Marriage

Age for court marriage

Both parties must be at least 21 years of age. If either party is below 21 years of age, the marriage can be solemnized with the written consent of both parents and the permission of the district court.

Residency

Either party must have resided in the district where the notice of intended marriage is filed for a minimum of 30 days before the filing.

Mental capacity

Both parties must be of sound mind and capable of giving consent for the marriage.

Relationship

The parties should not be within the degrees of the prohibited relationship as defined by law, such as being blood relatives.

Previous marriages

If either party has been previously married, a divorce decree or death certificate of the previous spouse must be produced.

Nationality

There is no restriction on the nationality of the parties for a court marriage in India.

Documentation

Both parties must provide proof of age, residence, and identity, such as a passport, PAN card, or voter ID. Additionally, a passport-sized photograph of each party must be submitted with the notice of the intended marriage.

It's important to note that all documents must be original and self-attested, and any document in a foreign language must be accompanied by a notarized translation in English. The eligibility criteria for court marriage in India may vary slightly based on the laws of the specific state or union territory where the marriage is taking place. Hence, it is advisable to seek the guidance of a local lawyer or consult the district registrar of marriages for specific requirements.

Now, we hope you easily understand the procedure for court marriage and the required documents for court marriage.

Advantages of Court Marriage

Court marriage in India has many advantages, including:

Secular nature

Court marriages in India are performed under the Special Marriage Act, of 1954, which is a secular law and applies to all religions. This allows individuals to formalize their union without being bound by the religious rituals and customs of a particular religion.

Privacy

Court marriages can be performed in a private setting without the need for a large gathering of friends and family, making them a more intimate and personal option for couples.

Simplicity

The process of court marriage is relatively straightforward and can be completed in a relatively short time compared to traditional religious marriages.

Legal protection

A court marriage provides legal protection and recognition to the couple, ensuring that their rights and obligations as married individuals are protected under the law.

Interfaith marriages

Court marriages in India allow individuals from different religions to get married, which can be difficult or impossible under certain religious laws.

No discrimination

Court marriages in India do not discriminate based on caste, religion, or gender, making them a more inclusive option for couples.

Conclusion

Court marriage is a legal alternative to traditional religious or customary marriage in India. It's a simple and straightforward process that involves filing a Notice of Intended Marriage form, waiting for 30 days, and then getting married in court in the presence of three witnesses. The couple then signs the marriage certificate & the registrar registers the marriage. To ensure the process runs smoothly, it's essential to have all the necessary documents and for both parties to meet the legal requirements for marriage in India. If you want to know more about the procedure for Court Marriage and the required documents then contact us at Legal Air. Legal Air India's No.1 court marriage consulting agency. Contact Us.

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