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What is a court marriage? Unlike a regularly solemnized marriage, Court Marriage is an economical and hassle-free alternative that lets couples from a different nationality, religion, and caste to solemnize and register their union through a simple procedure which is carried out in the presence of a marriage registrar and 3 witnesses. Who needs a court marriage?
Conditions for Court Marriage
Under Section 4 of The Special Marriage Act, the following rules are listed for court marriages in India:
1. The parties must meet the necessary conditions as listed in the act before signing the Civil Marriage Contract.
2. Neither of the parties should already be in a marriage while applying for the court marriage. If the previous spouse is deceased or divorced, then the court marriage can be obtained.
3. The parties entering the court marriage procedure must be doing so at their own free will i.e. there should be no pressure made on them for doing the same and neither of the parties should be of an unsound mind while entering into the procedure of court marriage.
4. Court marriage can only take place if both the bride and groom are of age as legally accepted in India i.e. for the bride it should be 18 years and above and for the groom it should be 21 years and above.
5. The parties to the marriage should not fall within the degree of prohibited relationship.
To Obtain Court Marriage Certificate
- Consult a Lawyer
- Drafting of notice of intention to marry
- Selection of Jurisdiction/Place of marriage
- Final documentation check
- Publication of notice and invitations for objections
- Objections to marriage
- Fixation of marriage date
- Marriage certificate
A matrimony lawyer will be your best bet to go ahead with the court marriage procedure. A lawyer would know, how to fill the form and take a date thus making the process smooth for you.
Draft notice of intended marriage shall be prepared on your behalf.
You will then be required to select the jurisdiction of where you want to get your marriage solemnized.
The lawyer will set up a mutually convenient time for you, your partner and the three witnesses to meet at the office of the marriage registrar to conduct a final check of documentation. Upon finalization, Notice of intended marriage will be filed.
The marriage officer will publish the notice and invite objections to the intended marriage within 30 days of publication.
In case an objection is raised, the Marriage Officer will decide on the objections after giving the parties an opportunity to present their case. If the objections are found to be true, the marriage cannot be solemnized.
In case of no objections or removal of objections after 30 days of Notice publication, based on a mutually convenient time, you and your partner along with the same three witnesses will appear before the marriage officer to sign a declaration and get the marriage solemnized.
After signing the declaration, the marriage officer will issue a marriage certificate. The marriage certificate will have to be signed by the parties and three witnesses. Upon signing of the document, the marriage certificate will be issued to the couple.
Estimate Time Required
The complete procedure of court marriage will take 2-3 months including notice period, registrations etc. *Any additional work required by the advocate before/after making undertaking the above-mentioned procedure for court marriage shall be charged to the client.
Documents Required for Court Marriage
Requirments from Bride and Bridegroom:
Separate affidavits from bride and groom stating:
Date of birth
Present marital status: unmarried/widower/ divorcee
Affirmation that the parties are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act.
4 Passport size photographs each of bride and groom
Residential Proof of both bride and groom
Proof of Date of Birth of both bride and groom
Notice of Intended Marriage duly signed by both bride and groom
Copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.
Requirements from the three Witnesses individually:
One passport size photograph of each witness
Photocopy of PAN card of each witness
Photocopy of Identity Document of each witness
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