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What Process Is Called Court Marriage?

  • Writer: Lead India
    Lead India
  • Jun 24, 2023
  • 3 min read

In India, court marriages are documented in a different way than traditional marriages. Court marriages in India are performed in front of the marriage commissioner. There aren't any traditions observed like there would be at a typical wedding. Legally capable couples may exchange vows in a court ceremony in front of three witnesses. It is not necessary to hold a formal celebration to solemnize the marriage.

A legal, judicial marriage can only take place in the presence of witnesses and marriage officials. An Indian court marriage must adhere to the provisions of the Special Marriage Act of 1954. A court ceremony can be used to legally marry two people of different genders, beliefs, or none. A judicial marriage does not require Indian citizenship for both spouses. If one of them is a foreign national, they may also get married.



Procedure:

  • 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). According to the second schedule of the Act, notification of the intended marriage must be given at least 30 days before the proposed wedding date. It must be given to the marriage officiant in whose jurisdiction both parties have lived continuously for 30 days or longer.

  • 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. Anyone may object to the marriage within 30 days of its publication. If no objections are raised within 30 days of the notice's publication, the marriage will continue.

  • 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 marriage should be rejected legally rather than subjectively. Within 30 days after receiving the objection, the marriage officer must follow up with a question. If the marriage does not violate any marital rules, the marriage officer may perform the ceremony after learning more about the objection.

  • 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 declaration will be countersigned by the marriage officiant.

  • The parties may choose a location within a reasonable distance from the marriage officer's office or another one outside of it. The parties must pay the additional fees as specified if they choose to have the wedding somewhere else. Any form that the partners decide to use for the marriage's solemnization is acceptable.

  • 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 certificate establishes the marriage conclusively. The marriage official will record all pertinent information in the marriage certificate book.

Even if you have already been married or if your first marriage resulted in divorce, you are still able to register your second marriage with the Registrar General (RG). You are therefore exempt from having to repeat the registration process for your first marriage. These few factors will make it clear whether courtships are beneficial or detrimental. The wedding ceremony is held in the registry office rather than a temple or church, and you can petition the court after you get married to get a passport. This type of union does not involve any religious rites.

If the couple lives in Bhopal, then a court marriage in Bhopal can be done. Moreover, if the couple lives in Ranchi, then a court marriage in Ranchi can also be performed. A court marriage in Sonipat may also be performed if the couple lives in Sonipat.

Lead India delivers data, legal services, and free legal advice online 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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