This blog is written by Kajal Kumari, a Fifth-Year Law Student of Sardar Patel Subharti Institute of Law

COURT MARRIAGE

A court marriage takes place as per the procedure laid down in the Act and the court marriage process is the same across all states in India. The marriage officer performs the marriage without discrimination based on caste, creed, or religion. It is a marriage solemnized according to law. The bride and the bridegroom can directly submit a court marriage application to the marriage officer to get their marriage certificate. The court marriage can be registered in the office of the marriage officer in whose area/jurisdiction the bride or bridegroom resides.

Court marriages in India are deemed to be performed under the Special Marriage Act, 1954. Irrespective of their religion, caste, or creed court marriage can be performed between an Indian male and a female. The enactment of the Special Marriage Act, 1954 granted a special form of marriage to the people of India. Apart from citizens of India, it included all Indian Nationals residing in foreign countries, irrespective of the religion or faith they followed. Marriages that are solemnized under the Special Marriage Act are not dominated by personal laws.

Ø Conditions for Court Marriage

Chapter II, Section 4 of the act provides the following conditions for solemnization of a court marriage:

• No pre-existing marriage – The parties must not have spouses living.

• Valid Consent – The parties must not be incapable of giving valid consent because of unsoundness of mind.

• The male has completed the age of 21 years and the female the age of 18 years.

• Prohibited degrees of relationships -The parties are not within the degrees of prohibited relationships. Provided that where a custom governing at least one of the parties permits a marriage between them such marriage may be solemnized irrespective of the relation falling within the degrees of prohibited relationships.

Note: Degrees of prohibited relationships are mentioned in Parts I and II of the first schedule.

Ø Documents Required for Court Marriage in India

The applicant needs to furnish certain documents for completing the legal marriage process in court.

1. Application form (notice in the form specified) duly filled and signed by the bride and the groom.

2. Receipt of fees paid concerning the application form in the District Court.

3. Documentary evidence of the date of birth of both parties (Matriculation Certificate/Passport/Birth Certificate).

4. Documentary evidence regarding the stay in Delhi of one of the parties for more than 30 days (ration card or report from the concerned Station House Officer).

5. Separate affidavits from bride and groom giving:

• 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.

1. Passport-size photographs of both parties (2 copies each) duly attested by a Gazetted Officer.

2. Copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.

· Documents required in case of foreign national

When a court marriage is to be solemnized between an Indian and a foreign national the following documents will be required to be submitted along with the other Documents mentioned above:

• A copy of passport and visa

• One of the parties should produce documentary evidence regarding a stay in India for 30 or more days (proof of residence or report from the concerned SHO)

• A certificate of NOC or marital status certificate from the concerned embassy.

Court Marriage Fee

Court marriage fees are different in different states. Generally, court marriage procedure fees are between Rs.500 to Rs.1000. But it is advisable to check the fees while filing the court marriage application form.

Ø Procedure for Court Marriage in India

The procedure for court marriage in India is explained in detail below:

Notice of Intended Marriage

The first step of court marriage is the preparation of the notice of intended marriage. The parties to the marriage have to furnish notice in a prescribed format to the Marriage Registrar of the districts in which at least one of the parties has resided for a period of thirty days immediately preceding the date on which such notice is given.

Publishing of Notice

The notice will be published by the marriage by affixing it in the Marriage Registrar’s office which is visible, and will keep the original copy of the notice in the office records.

Objection to Marriage

Any person who has an objection to the marriage can object within 30 days from the date of publication of the notice by the marriage officer. If the marriage officer finds that the objection raised is correct, then the officer will end the court marriage process. But if the objection is unjustified, then the officer will proceed with the court marriage registration procedure.

Declaration by Parties and Witness

Before performing the marriage, the court marriage application form has to be signed by the couple along with three witnesses declaring that the parties are doing the marriage with their free consent.

Solemnization of Marriage

The marriage can be solemnized at the office of the Marriage Officer or any other place within a reasonable distance as the couple may desire. For conducting the marriage in any other place, an additional fee has to be paid.

Get the Marriage Certificate

Once the marriage solemnization takes place according to the rules and regulations of the special marriage act, the marriage registrar enters the details in the marriage register and the marriage certificate will be issued. The court marriage certificate is proof of the valid marriage of the couple after the signatures of parties and witnesses.

Conclusion

Based on the above discussion, it concludes that the court marriage is solemnized under the Special Marriage Act, 1954. Court marriage is taking place in the legal environment. So that any chance of falseness in the consent or any deformity in the behaviour in the behaviour can be easily caught out.

REFERENCES:

· Court Marriage Procedure in India (indiafilings.com) (accessed on 19 September 2024)

· B M Biplab, How to do court marriage in India (2018) Court Marriage in India - Procedure, documents, steps explained! iPleaders

· Mayashree Acharya, Court marriage in India fees, documents and process (2024), Court Marriage Process In India - Fees, Documents Required and Process (cleartax.in) (accessed on 20 September 2024)

· Court Marriage in India: Procedure, Acts, Eligibility & Age (legalraasta.com) (accessed on 21 September 2024)

· Sandeep Rana, Court Marriage In India: Step By Step Procedure, Court Marriage In India: Step By Step Procedure (legalserviceindia.com) (accessed on 23 September 2024)

· Court Marriage Procedure in India (lawrato.com) (accessed on 22 September 2024)