Court marriages in India, unlike marriages according to one’s customs, are done in accordance with the provisions of the Special Marriage Act,1954, according to which, marriage could be solemnized in the court or in the presence of the marriage officer and three witnesses. In case you are considering getting married through court, it is advised that you seek legal advice from experienced court marriage lawyers in agra or your city.
Eligibility-
Persons belonging to different genders from different castes, religions, places of birth, etc. could marry through Court.
Conditions for court marriage-
Various conditions are required to be fulfilled for interested parties to register for court marriage-
There shall be no pre-existing marriage, even in case there was, no living spouse should be there at the time of applying for court marriage, if either party was married earlier, then at the time of court marriage, such party should either be a divorcee or a widower/widow.
Males applying for the court marriage should have completed the age of 21 years while the female should be more than 18 years old or above.
The parties applying for the court marriage should not fall within degrees of prohibited relationship, provided that the customs governing either of the parties allow so.
Documents required:
Application form should be duly filled and signed by the parties
Receipt of fees paid for the application form should also be attached
Documents proving the date of birth of the parties.
Documentary evidence proving the stay in the area under the jurisdiction of the marriage officer.
Affidavits from both parties declaring-
Date of birth
Present marital status of the parties i.e. if they are unmarried, divorced or widow/erAffirmation from the parties, that they are not within the degrees of the prohibited relationship as per the Act.
Affirmation from the parties, that they are not within the degrees of the prohibited relationship as per the Act.
Passport-size photos of the parties duly attested by a gazetted officer
Procedure for Court Marriage-
Notice for intended marriage
Under Section 5 of the Act of 1955, a notice is given to the marriage officer. The parties are required to provide the notice in writing and in the form as prescribed under the Second Schedule to the Marriage officer. The marriage officer so mentioned, must have jurisdiction over the area where either of the parties have resided for a period not less than 1 month. For further information, it is advised to seek legal advice from experienced court marriage lawyers in Indore or court marriage lawyers in Mumbai.
Publication
The Marriage Officer should publish the notice in some inconspicuous part of his office.
All true copies of the notices would be kept in the Marriage Notice Book.
In case the parties are not residing in the area under the jurisdiction of the marriage officer, then in such a situation the marriage officer would send the copies of the notice to the marriage officer under whose jurisdiction either of the parties reside to be published in his office.
Objection
As provided under Section 7 of the Act, any person could raise objection to such notice of marriage published in the office of the registrar. The objection could be raised on the grounds mentioned in Section 7 of the Act.
The objection to the marriage application must be raised within a period of 30 days from the publication of the notice.
The objection raised against the marriage application should be recorded in the Marriage Notice Book by the Marriage Registrar.
As provided under Section 8 of the Act, a marriage officer has a period of 30 days to enquire about the validity of such objections raised.
The court marriage will be solemnised if such objection was not found to be valid.
However, in case the objection so raised was found valid by the Marriage officer then the application for marriage would be denied, but the matter could be taken into appeal before the District Court by the parties concerned.
Place of solemnisation
Under Section 12 of the Act, marriage could be solemnised at the office of the Marriage Officer or at a place within a reasonable distance.
Marriage shall be valid only if both parties in the presence of the marriage officer declare that they are ready to get married to the other party and also three witnesses are present.
Conclusion
As already mentioned in the above discussion, the legal age for marriage for boys is 21 years, while for girls, it is 18 years, however, the marriage age in India for girls is proposed to be increased from 18 to 21 years, which has not been amended yet. Thus, currently, the minimum legal age at which girls could get married is still 18 years. In case you wish to seek legal guidance or further information on the procedure for the court marriage or wish to talk to a lawyer or seek free legal advice for any matter related to civil or criminal, you may contact us at Lead India.
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