top of page
Search

Are Parents Required For Court Marriage In India?

  • Writer: Lead India
    Lead India
  • Jul 18, 2023
  • 4 min read

Court marriages in India are solemnised under the Special marriage Act, 1954. Court marriages are solemnised between a male and a female in India, irrespective of their castes, religion, colour, place of birth, etc.

Hence, court marriage in Faridabad as well as other parts of the country is performed in accordance with the law. A marriage officer is the official overseeing the process of the court marriage. A marriage certificate will be issued by him after the completion of the procedure for the court marriage.



Conditions necessary-

  • The legal age for marriage for females is decided as 18 years or more, while the groom should be 21 years old or above.

  • The parties at the time of filing for marriage shall not be married to some other third party.

  • The parties to the court marriage must be mentally sound

  • The parties are required to provide valid consent at the time of marriage.

  • The couple should not be related to each other within the degrees of prohibited relationship.

Cost of the court marriage-

  • Fees for court marriage in Delhi as well as at any other place may vary from State to State. Each state has an authority to establish its own rules and regulations in relation to the procedure of court marriage.

  • Before one applies for the court marriage, it is advised to confirm the fees required to be submitted for court marriage as well as other fees which are to be paid during the process of court marriage.

  • In most cases, the application fee for marriage registration under the Hindu Marriage Act, 1955 is Rs 100, for a marriage registered under the Special Marriage Act, 1954 it is Rs 150.

  • It should be understood that you have appointed a lawyer to help you assist with the procedure of court marriage, his fees must be paid differently.

Court Marriage process-

1. Notice for marriage- the parties to the court marriage would have to file a notice for court marriage to the marriage officer under whose area of jurisdiction they have been residing. The notice must be sent in writing as has been provided under the Second Schedule to the Marriage Officer.

2. Publishing the notice- the notice would then be published by the marriage officer in such a place in his office from where it shall be visible to the general public, for a period of 30 days, so that any kind of objection to the application for court marriage could be raised. When no objection is raised within a period of 30 days from the day such notice was published, the marriage officer will continue with the procedure of the marriage.

3. Objection to the marriage- As has been provided under the Section 7 of the Act, an objection to the application for the court marriage process in Delhi can be raised by anyone on the basis of the grounds provided under the Act of 1954. The marriage officer, as has been mentioned under section 8 of the Act, will enquire about the validity of such objection raised within a period of 30 days from the date the objection was registered. If the objection raised is found invalid, the procedure for the court marriage would continue and the marriage shall be solemnised by the officer on the given date.

4. Declaration by the parties- before solemnising the marriage in the court, three witnesses shall be present for the court marriage. Signature and declaration by the parties as well as the witnesses in the presence of the marriage officer would be recorded as has been provided under the Third Schedule.

5. Certificate- after the steps mentioned above have been followed, a marriage certificate would be issued by the marriage officer, which has been signed by the parties to the court marriage and the three witnesses present, this marriage certificate will be the conclusive proof of marriage of the couple.

If the presence of a parent is required during the court marriage procedure ?

As has been mentioned above, presence of parents is required during the court marriage process is not a condition necessary for court marriages to be solemnised. Any three individuals, who complete the conditions required by the law, could witness the court marriage process of the couple.

Conclusion-

Mentioned above is the process required for court marriages in India. Fees required to be submitted to the court as could be inferred from above is minimum, hence the procedure for the court marriage could be said to be affordable as well as without the involvement of a number of people. It is, thus, advised to seek the assistance of an experienced court marriage lawyer in your city before you apply for the court marriage. As the procedure seems to be simple, but involves a huge amount of paperwork to be carried out.

Lead India offers you a team of experienced advocates who have been handling cases related to issues including court marriages as well as family law in a successful manner. Thus, if you wish to seek free legal advice online or talk to a lawyer, you may contact us.


Call Us: +91–8800788535

Email: care@leadindia.law


Read Also:-


 
 
 

Comentarios

Drop Me a Line, Let Me Know What You Think

Thanks for submitting!

© 2035 by Train of Thoughts. Powered and secured by Wix

bottom of page