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Thursday, November 26, 2020

What Is Court Marriage? And Its Procedure in India

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If you’ve ever wanted to know what is a court marriage? And what is its procedure in India? Then this article is just for you!

In a country like India where people of many religions and customs live together, weddings are also performed according to the various customs and rituals.

But a court marriage is very different from the traditional marriages in India. In a court marriage, which is a special type of marriage, the boy and girl are legally tied to each other in marriage without any ritual and custom. Also, no religious method of any kind is adopted in a court marriage.

Marriage is something that combines a social or religious belief between two people. Marriage literally means ‘to take the bride to the bridegroom’s house’.

There are different ways of getting married in different countries with their own customs and beliefs.

But even then, it is important to have your marriage legally registered as well. For which you need to know all the rules of the court marriage and its complete information.

Today through this article, we will tell you what is a court marriage, what are its rules and procedures, what documents are required for it, how many witnesses are required for a court marriage, what is the legal procedure to get it done, how much is the fees for a court marriage and much more.

Please read this article till the end because we will share all the information about these things.

What Is a Court Marriage and How to Do It?

To explain in simple language, court marriage is basically getting married legally in a court. Where a lawyer or marriage officer, a couple that wants to get married and witnesses are involved. After a court marriage, the couple legally become husband-wife.

Here we will tell you the whole process of court marriage, which you can easily do by following these steps. So let’s start.

Rules of Court Marriage

  • Neither the boy or the girl applying for marriage should be married beforehand.
  • If someone is already married, the spouse of the first marriage of both the parties involved in the marriage is not alive or the first marriage should not be valid.
  • The second condition of a court marriage is that both parties should be able to give valid consent. Both parties should voluntarily attend the wedding. For example, both the boy and the girl should be in their complete senses.
  • Neither of the two should have any such mental condition that they are not able to give valid consent to the marriage.
  • The age of the boy should not be less than 21 and that of the bride should not be less than 18 years to perform a court marriage.
  • The next condition of the court marriage is that both parties must be physically fit for the birth of a child.
  • In the next condition, both parties should be outside the bounds of the prohibited relationships. Such as siblings fall in the prohibited category or sagotri (two people having the same gotra) marriage cannot take place.

What Documents Are Required for a Court Marriage?

If a couple wants to do a court marriage, it is very important for both the boy and girl to be of legal marriage age, according to which the girl’s age should be a minimum of 18 years and the boy’s age should be a minimum of 21 years.

Couples need only 3 documents to do a court marriage, which both the boy and the girl should have their own, only then the court marriage is possible. Apart from this, you also need the documents given below.

  • Boy and girl adult documents such as voter ID, license, Aadhaar card.
  • Class X mark sheet is a very reliable document.
  • Parents’ consent letter which will contain a copy of their signature and their ID.
  • 3 independent witnesses who identify you and sign for you as a witness.
  • Self-declaration and affidavit of boy and girl, whose format is available with local court or registration authority.
  • To do a court marriage, you must have your residence proof documents. For which it is absolutely essential to have your Aadhaar card. Along with that, you can give the receipt of your electricity bill or driving license.
  • Along with the documents, you will also need your own photos in order to perform a court marriage, in which 6 passport size photographs of the boy and 6 of the girl are also required.

Documents of the Witness for the Court Marriage

You also need witnesses to do a court marriage. For which you can bring along 2 or 3 witnesses as well as their documents such as witnesses residence proof certificate and pan card.

But remember, in today’s time, the Aadhar card is considered as the most important document. Therefore, the Aadhaar card of the witnesses can be given.

At this point, if you’re wondering if you can do a court marriage without a witness, then the answer is ‘no’. Because one cannot get married without a witness.

Many people even go against their families and get a court marriage done, in which case no one is present from their house as a witness. So what happens in that situation?

The simple answer is that any person can be a witness in a court marriage, whether it is a friend of yours or any relative or any other person can give witness. But keep in mind that all witnesses should compulsorily be adults.

What Is the Legal Procedure for Court Marriage?

It is very important to complete the legal process for a court marriage. Only then you will be able to know what things and conditions are necessary for a court marriage. What can be done in this and what cannot be done, you need to know the answers to all these questions so that you do not have to face any trouble later.

So let us now inform you about the legal process for court marriage. For the court marriage, the registrar has to be sent a notice in writing that they intend to marry.

  • Publication of notice – The concerned registrar puts a copy of this notice on the notice board of his office.
  • Objection to marriage – If anyone has objections to marriage, he can object to the registrar within 30 days of publication of the said notice. If the registrar feels that the objection is justified then the marriage process can be ended. If he finds the objection wrong, then by proceeding with the process of marriage, he registers it. An appeal can be made to the District Court against the acceptance of the objection by the Registrar.
  •  Manifesto – Before the court marriage, the boy-girl and the witnesses have to sign a declaration in front of the registrar that the marriage is being done on their own free will without any pressure.
  • Place of marriage – According to section 12, the court marriage can take place in or near the registrar’s office. For this, it is also necessary to collect the fixed fees.
  • Court marriage certificate – Once the marriage is completed as per the rules of court marriage, the registrar issues a marriage certificate after filling in all the details.
    Apart from this, the boy and girl have to keep in mind that if they don’t get married within 3 months of publication of the marriage notice, then later you will have to give a notice again to get married.

You can also apply for court marriage registration online by clicking here.

Court Marriage Fees

‘Under the Hindu Marriage Act, the government charges Rs. 100 for the application. At the same time, the application fee in the Special Marriage Act is Rs. 150. Apart from this, people also spend 400-500 rupees on the affidavits required for submission with the application.

You can do court marriage in front of the marriage officer in court in a simple manner without any traditional ceremony. Court marriage is completed under the Special Marriage Act. Apart from this, court marriage can be between a boy and a girl of any religion, sect or caste. Court marriage can also be of any foreigner and Indian.

Conclusion

So friends, through this article, you now know what is a court marriage, what are its rules and procedures, what documents are required for a court marriage, how many witnesses are required for it, what is the legal procedure to get a court marriage done, information about all the fees for the court marriage and lots more.

Hope that you have got all the information related to court marriage through this article. How did you like this information? Please let us know by commenting in the comment box below.

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