How Much Time Does It Take For A Court Marriage In India?
- Lead India
- Jul 10, 2023
- 3 min read
Through a judicial marriage, any two people (of different genders) from the same religion or from a different religion can get hitched. In Chapter II, Section 4 of the laws governing solemnizing judicial marriages, the following prerequisites are listed:
The parties cannot be married to their living spouses.
The parties must be of sound mind and not be incapable of giving legal consent.
The female is 18 years old, while the male has reached the age of 21.
The parties do not fall under the parameters of forbidden connections. With the exception that a marriage between the parties may be solemnized if a tradition controlling at least one of the parties authorizes it, regardless of whether the connection falls within the range of relationships that are forbidden.
How long does it take for the court marriage process to be completed?
It takes a maximum of 60 days to complete the full process, commencing with giving notice. Providing that within 30 days of the notice's publication, no objections are raised,
The Marriage Officer has a maximum of 30 days to conduct an investigation if there are any objections. In the event that the Marriage Officer upholds the objection, an appeal may be filed in the District Court within 30 days of the Marriage Officer's decision date.
What difficulties can one face in a legal marriage?
Legal marriages are typically less complicated than traditional marriages, which entail extensive religious procedures, months of preparation, and customary traditions. The following are a few challenges that come with a court marriage:
1. The dates for appearance and solemnization of the court marriage depend on the dates that the marriage officer allots for everyone. Even in an emergency, the marriage cannot take place before the designated time (30 days after the notification is published, if no one objects).
2. The marriage can be delayed for a lengthy time by a valid objection, and the Marriage Officer's judgment is final. If the Marriage Officer upholds the objection, the parties are required to file an appeal with the District Court.
3. Since working internet portals are not available everywhere, most places require that the entire process be completed manually by visiting the marriage officer's office.
4. To be qualified to give notice to the marriage officer of that region or district, one must have resided there for at least 30 days. Therefore, in general, a person cannot apply for marriage at a location other than the one in which they now reside.
5. There are regional variations in the paperwork needed, the costs involved, and the people designated as marriage officers. In general, it adheres to the rules set forth by several States.
6. The notice expires, and a new notice must be given to the marriage officer if the marriage is not conducted within three months of the date of delivery of the notice.
7. If one of the parties is either Hindu, Buddhist, Sikh, or Jaina and is a member of a Hindu undivided family, getting married through a court ceremony can be complicated legally because it will cause that party's severance from their family. The succession would be subject to the 1850 Caste Disabilities Removal Act.
Benefits of a court marriage:
The technique is also easier and less expensive. The contracting parties are free to choose how they want to legally bind their marriage. For instance, two Hindus can choose to have a Christian-style wedding to formally declare their marriage. The newlyweds don't need to submit a new application to the marriage officer for registration of the union. It is a step in the court marriage procedure. The marriage certificate that the parties got after their court wedding serves as irrefutable proof of their union, and no more paperwork is necessary.
If the court marriage has been performed in Ghaziabad, then a marriage certificate from Ghaziabad should be given. Moreover, if the court marriage has been done in Delhi, then a marriage certificate online in Delhi may be given. If the arya samaj marriage is done, then the arya samaj marriage fees should be paid.
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