The Special Marriage Act of 1954 governs court marriages in India, which are prevalent throughout the country. When performing a court marriage, there is no discrimination against any caste, color, religion, or creed. The parties who profess two different religions might also get married in court. A court marriage simply refers to the legal solemnization of a marriage. Court marriages are also possible in cases involving people from different castes and religions.
Eligibility Criteria for Court Marriage
Prior to the marriage, neither partner should have been residing as a husband or wife.
The bride and groom must be 18 and 21 years old, respectively.
The parties shouldn't be mentally unstable and should be of sound mind
They shouldn't be unable to provide legal consent when getting married.
There should be no mental illness or disorder existing in either party.
There should be no link between the two parties that is even possibly illegal. (If their custom permits it, the court marriage may occur within a prohibited relationship)
Necessary Documents for Court Marriage
The following list of documents is necessary for a court marriage. It contains:
Identity proofs of both parties that include details like name, age, etc. The Aadhar identification card may be the ideal document for validating them.
Admit card or a school leaving certificate might serve as proof of the date of birth.
In order to be involved in court marriage, an applicant must present proof of permanent residence.
Passport-size photographs that were recently taken should be provided by both parties
If applicable, the death certificate of either partner's former spouse must be submitted.
If the parties were previously married, a divorce certificate must be presented by each of the parties.
Application fees must be included in accordance with the district court's rules.
If either spouse is related to the other by blood in any way, it is necessary to make an affirmation or declaration.
Requirement of a Lawyer in a Court Marriage
Being a marriage lawyer is a highly engaging job. The legal counsel must assume enormous responsibilities, starting with filing an application and continuing with document verification. The lawyer helps in:
Advising the parties regarding the procedure of a court marriage and initiating the filing of the notice for marriage.
Giving better advice to the parties to the marriage regarding the applicable law, the location of registration, and how to register a marriage.
Helps in conducting the marriage as well as issuing the marriage certificate in time without any delay in the procedure.
Ensuring that the parties have entered the legal age to get married under the court of law
Ensuring the free consent of both parties to the marriage
All of the paperwork and documentation needed for the registration process. It aids in lightening the load of the parties to the marriage.
Ensuring and taking the responsibility to prepare and bring in the witnesses required during the time of marriage.
Ensuring that the application fees must be in accordance with the rules of the district court.
A court marriage lawyer also offers helpful guidance to a couple who wish to marry without the approval of the family, such as:
Submitting a petition to the court seeking to protect the life and liberty of the parties.
Securing a protection order from the High Court to ensure the couple can reside in an area where the court can provide them with police protection.
Ensuring that the police cannot file a false complaint against the parties as they are under the High Court's protection.
Putting efforts in taking the help of the police to reconcile the couple and getting them along with their family.
You will need a well-experienced and competent lawyer to carry out the court marriage procedure smoothly. If you want to have a court marriage in Noida, then a Court Marriage Lawyers In Noida can be hired, and if you want to have a court marriage in Patna, then a Court Marriage Lawyers In Patna can be hired. Likewise, a Court Marriage Lawyers In Pune can be hired if you want a court marriage in Pune.
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