All You Need To Know About Court Marriage Procedure

 An Introduction

According to the Special Marriage Act of 1954, judicial marriages are prevalent in India. Neither the bride nor the groom’s race, religion, or creed is considered when a judicial marriage is conducted. Court marriage is also an option for couples who practice two distinct faiths. Simply put, court marriage is a legal union between two people. Inter-caste and inter-religious couples may also have a court marriage. To get a marriage certificate, interested parties may apply directly to the Marriage Registrar. Here’s all you require to know about the court marriage process in Delhi!

What Is The Eligibility of Court Marriage?

• At the time of marriage, the parties should not have been living together as husband and wife.
• It is recommended that the bride and groom be at least 18 and 21 years old, respectively.
• The people involved must be of sound mind.
• Their ability to offer legal consent at the moment of marriage should be guaranteed.
• Both parties should be free of any mental illness or insanity.
• The connection between the two parties shall not fall within the forbidden range. If their culture permits it, a judicial marriage may occur in a banned relationship.

What Documents Are Required for Court Marriage?

There are some things you’ll need before you go through court marriage in Delhi:

• Both parties must sign the application form.
• Proof of the parties’ birth dates.
• Proof of residence for both parties.
• Photographs of the bride and groom at passport-size.
• If the couple was previously married, a death certificate or divorce judgment.
• In the District Court, receipt of the money for the application form.
• The assumption by the parties involved that they do not have a connection with one another violates the Special Marriage Act’s prohibitions on certain kinds of marriages.

What Is The Court-Martial Procedure?

Notification of the marriage

It requires the parties to the marriage to notify the Marriage Officer in writing and the form specified in the Second Schedule.

Make the announcement public.

After publishing the notice, the Marriage Officer must post the notice in a prominent location in his office for 30 days before any objection may be filed.

Objection to marriage is the third and last step in the process.

As stated in Section 7 of the legislation, anybody may object to a judicial marriage within 30 days if it violates any of the requirements in Section 4. There should be no personal reasons for an objection; instead, it must be legal. Upon receiving an objection, under Section 8 of the Marriage Act, the Marriage Officer would investigate the matter within 30 days and solemnize the marriage if it does not hinder its solemnization.

By this point, the parties and witnesses have made their declarations.

Both parties must sign a written statement in the presence of three witnesses by Section 3 of the Third Schedule to the Marriage Act.

Certificate of marriage

The marriage officer will give you the marriage certificate when you’ve completed all of these requirements. It is also required that both parties and three witnesses sign this certificate.

Conclusion

In light of the above, it may be said that a court marriage process in Delhi is legally recognized under the Special Marriage Act of 1954. Therefore, in the legal context, court marriages are taking place so that any possibility of consent fraud or behavioral abnormality may be quickly detected.

Reference Link (Originally Posted): https://karunasharmalawyer.wordpress.com/2022/07/02/all-you-need-to-know-about-court-marriage-procedure/