Court marriages are solemnized under Special Marriages Act, 1954. It does not necessarily require any elaborate religious ceremonies or any customs & ritualistic steps of the personal laws of the parties to solemnize the marriage.
It can officially take place in the presence of a Marriage Officer and three witnessed essentially. The Three Facts and Procedure About Court Marriages are –
Any two persons of same religion or even different religions can marry through a court marriage.
Though there are certain criterion that need to be fulfilled for solemnization of a court marriage:
a. no pre-existing spouses- non of the parties to the marriage must have a pre existing marriage at the time of court marriage.
b. Valid consent- the parties must be of sound mind and not essentially is a minor so as to give a valid consent to the marriage that is to be solemnized in the court.
c. Age- the male must have completed the age of 21 years and the female should be 18 or above.
d. Prohibited degrees of relationship- the parties should not be within prohibited degrees of relationship provided that where a custom governing either of the parties permits for such solemnization of the marriage. In such case, the marriage can be legally solemnized irrespective of the relation falling within the prohibited degrees of relationship.
Procedure for COURT MARRIAGE IS:-
1. Notice of the intended marriage- this is essentially the first step for a court marriage where a notice has to be given to the marriage officer. It mandates the parties to the marriage to given the notice in writing or in form as prescribed in schedule.
Documents essential are:
i. Date of birth of both the parties: Birth Certificate / Passport (depends on your jurisdiction).
Residential proof of both the parties: Ration card / Election ID card / Passport and Driving License (depends on your jurisdiction).
iii. Photographs: Passport size photographs of both parties (3 copies each)
Separate affidavits from husband and wife on non-judicial stamp paper duly attested by Notary Public or Oath Commissioner
Self attested photocopies of PAN card and Voter ID/ Ration Card/ Passport/ Driving License of 3 (three) witnesses2. Submission of completed application and notice period
the duly filled application needs to be submitted to the office of concerned marriage officer. Both the parties must be present at the time of submission of application and original documents are required to be submitted at the time of submission of application form. After submission, applicants are given date and time for appearance before marriage registrar for solemnization of marriage.A notice of the same would be published on the notice board of office of the concerned registrar office for a period of 30 days. During the course of the procedure of solemnization under special marriage act, 1954 any person may file an objection to the marriage within 30 days of issue of notice on public notice board.
3. Appearance before concerned registrar on the date of appearance
on the concerned date, both the parties need to appear before the registrar with all original documents that are required at the time of registration of marriage. Also along with this, 3 witnessed are to be present along with the couple during solemnization of marriage.
Further the court fee or the registration fee is deposited and complete formalities are done like name spellings and tallying the documents while verifying them.
After satisfying that neither of the party or any other person has any objection with respect to the said marriage, registrar will ask the parties to sign the marriage certificate and will sign it himself.
The marriage is solemnized thereafter.
Article by – Kritika
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