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What Is The Full Procedure For Court Marriage?

  • Writer: Lead India
    Lead India
  • Jul 1, 2023
  • 3 min read

In most of the country, court marriages take place in accordance with the Act's procedure. The marriage officiant conducts the ceremony regardless of caste, creed, or religion. This marriage has been legally ordained. The bride and groom can present the marriage officer with the court marriage application in person to acquire their marriage license. The office of the marriage official whose region or jurisdiction the bride and groom reside in can record the judicial marriage.



Procedure:

1. The court marriage application form, also known as notice of the intended marriage, must be given to the marriage officer by the parties (bride and groom). The second schedule of the Act states that at least 30 days before the anticipated wedding date, notice of the intended marriage must be given. It must be given to the marriage officiant in whose jurisdiction both spouses have lived for at least 30 days.

2. By attaching it in a visible location inside the marriage officer's office, the marriage officer will publish the notice of the intended marriage that was submitted by the parties. Within 30 days of the marriage's publication, anyone may object. After 30 days have passed since the notice's publication, the marriage will proceed if there are no objections.

3. Within 30 days of the intended marriage notice being published, anyone may oppose the court marriage. Any requirement that must be met for a judicial marriage may be violated; therefore, a person may make an objection to marriage to the marriage officer. However, the rejection of the marriage should be justified legally rather than subjectively. The marriage officer is required to inquire further within 30 days of receiving the objection. The marriage official may solemnize the union after learning more about the objection if it does not conflict with any legal criteria.

4. The parties must show up in front of the marriage officer and present a declaration if there is no opposition to the marriage or if the marriage officer rejects the opposition. In front of the marriage officer, the parties to the marriage must submit the declaration as outlined in the third schedule of the Act, together with three witnesses. The person performing the marriage ceremony will countersign the declaration.

5. The parties may choose a location within a reasonable distance from the marriage officer's office or another one outside of it. If the parties opt to have the wedding somewhere else, they must pay the additional fees as mentioned. The solemnization of the marriage may take any form that the parties mutually agree upon.

6. Following the marriage's solemnization, the marriage officer will present the marriage certificate. The marriage license must be signed by the engaged couple, three witnesses, and the officiant. The marriage is clearly established by the marriage certificate. All important information will be recorded in the marriage certificate book by the marriage official.

Documents Needed in India for Court Marriage

The following documents must be submitted by the couple with the court marriage application:

1. Affidavits signed separately by the bride and the groom that include the following information:

  • Born on [date]

  • Relationship status: widower, single, or divorcee

  • Confirmation that the couple's relationship is not at the level of one that is forbidden

2. Identical passport-sized images of the bride and groom

3. Evidence of the bride and groom from their home

4. Evidence of the bride and groom's birthdates and

5. A replica of the couple's signed notification of impending marriage

6. In the event of a divorcee, a copy of the divorce decree; in the case of a widower or widow, a copy of the spouse's death certificate.

A court marriage is one that the marriage officer solemnizes. Therefore, a legal marriage binds the bride and the groom together. The marriage is attested to by the marriage certificate issued by the marriage official.

If the couple lives in Mumbai, then a court marriage in Mumbai may be performed. Moreover, court marriage in Gurgaon may be done if the couple lives in Gurgaon.

Lead India delivers data, legal services, and free legal advice to address the issue. Ask a legal question online and talk to a lawyer to receive the best advice in this situation.


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