The Procedure Of Court Marriage In India

What is a court marriage?

Contrary to ordinary Indian marriages, there are consolidated marriages in accordance with/under the Special Marriage Act, 1954 (hereinafter 'Act'). Marriage can happen in the presence of the marriage officer and three witnesses, or it can be done in the court itself. In these marriages, detailed traditional or ceremonial steps of individual laws of the parties getting are not included. According to this act, only marriage in the presence of a marriage officer is sufficient for a valid marriage.

Who can marry through court marriage?

Any two people related to same religion or different religions (different gender) can get marry through the process of court marriage.

Exceptions and other Conditions for eligibility criteria

There are some exceptions to the eligibility criteria for court marriage. Though marriage is forbidden marriages between prohibited degrees of relationship if your customs recognize the marriage between the prohibited degrees of relationship. Even if there is a custom of marriage recognized by only 1 party for marriage to get married in a prohibited degree, this exception will also be applicable.

If marriage is to be done in the state of Jammu and Kashmir, then it is mandatory that both parties of marriage should be Indian citizens. This means that foreign nationals cannot get married in the state of Jammu and Kashmir.

For marrying under Special Marriage Act, 1954 a foreign national should be living in India by at least 30 days and must have residence proof. If they do not have Indian residency proof, they can get it from the local police station in whose jurisdiction they are living. Apart from this, "no objection certificate" is also necessary from the Embassy of the foreign national country in India. Foreign nationals have a valid passport and visa to marry in India.

What are the conditions relating to solemnization of court marriages?

Chapter II, Section 4 of the Act provides the following conditions for the legalization of the court marriage:

• No pre-existing marriage - Parties should not be spouses.

• Valid Consensus - Parties should not be incapable to give valid consent due to the unsoundness of mind.

• Age- Male has completed 21 years of age and 18 years old for a woman.

• Forbidden degree of relations- Parties should not be within the degree of prohibited relationships. Provided that at least one of the parties is allowed to get married among them, in spite of the prohibited relationships, such a marriage can be solemnized.

Note: The degree of prohibited relationship mentioned in Part I and II of the first schedule has been mentioned.

The following are the procedures for a court marriage

The process of court marriage, covered under Chapter II entitled "solemnization of Special Marriages", can be divided into the following broad steps:

Step 1 - Notice of the desired marriage

Step 2 - Publications

Step 3 - objection to marriage

Step 4 - Manifesto by Parties and Witnesses

Step 5 - Location and appearance of the origin

Step 6 - Certificate of marriage

The steps are detailed below with the documents to be presented during each phase. For convenience, the prescribed documents are in the context of Delhi.

Step 1 - Notice of the desired marriage

In the first phase of the court marriage process, the marriage officer will have to give a notice under section 5 of the Act. It is mandatory that the parties to the marriage will give notice to the parties in written form in the prescribed format in the prescribed marriage and the marriage officer in the second schedule. The marriage officer should have jurisdiction in the district, where at least one party resides at least 30 days before giving notice.

Necessary documents

1. Application form (notice in specified form) duly filled and signed by the bride and groom.

2. Receipt paid in respect to the application in the District Court.

3. Documentary evidence of the date of birth of both parties (Matric Certificate / Passport / Birth Certificate)

4. Documentary evidence (Ration Card or Report from the respective Station House Officer) in relation to one of the parties staying in Delhi for more than 30 days.

5. Provide separate affidavits from the bride and groom:

•Date of birth

• Current Marital Status: Unmarried / Widowed / Divorced

• Confirmation that the parties are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act.

1. Passport size photographs of both sides (each 2 copies) duly certified by gazetted officer.

2. In the case of widow/widow divorce certificate and divorce certificate of divorce/order of divorce

The format of the notice is as follows:

NOTICE OF INTENDED MARRIAGE

To

Marriage Officer for the ……………………………………………………………….District.

We hereby give you notice that a marriage under the Special Marriage Act, 1954, is intended to be solemnized between us within three calendar months from the date hereof.

Name	Condition	Occupation	Age	Dwelling place	Permanent place dwelling if present dwelling place not permanent	Length of residence
A.B. (the Groom)	Unmarried
Widower
Divorcee
C.D. (the Bride)	Unmarried
Widow
Divorcee

Witness our hands this ………………………………day of…………………………………….20……

(Sd.) A.B.,

(the Bridegroom)

(Sd.) C.D.,

(the Bride)

Step 2 – Publication

The marriage officer will publish the notice by adding it to a specific place in his office. The marriage officer will maintain all the true copies of the notice in the marriage notice book.

If the parties do not remain permanently in the area within the jurisdiction of the marriage officer, then the officer will send a copy of the notice to the marriage officer of the place where the parties live permanently so that the copy of the notice may be attached to his office for a specific place

Step 3 – Objection to marriage

Under section 7, any person can object to the marriage officer against the marriage, that the marriage will violate the terms specified in Section 4 of this Act. The objection should be raised within 30 days of the publication of the notice by the marriage officer. The marriage notice book has to be registered by the marriage officer to the nature of the objection.

Upon receipt of the objection, under Section 8, the marriage officer will interrogate within 30 days and solemnize it if the objection does not interfere with the solemnization of marriage. If the objection is standing then the marriage officer will not make the marriage solemnize; Appeal can be made by the parties to the District Court.

Who can raise the objection?

 Any person can take objection to the marriage based on the grounds listed in Section 4 of the Act. If there is no relation to objections with any of the above-mentioned factors, then there will be no consequence of objection. However, in most cases, the marriage officer will need to check the objection.

To whom objection is raised?

To the marriage officer of the concerned district.

What are the grounds of objection?

Anyone of the conditions stated above and specified in Chapter II, Section 4 of the act.

What are the consequences if objection(s) are accepted?

The marriage officer must, within 30 days from the date of objection, make inquiries and if the objections are found to be true, the marriage cannot be solemnized.

What is the remedy in case objection(s) have been accepted?

An appeal can be filed by either party.

To whom is the appeal filed?

The district court within the local limits under the jurisdiction of the marriage officer.

When can an appeal be filed?

Any time within 30 days from the date of the refusal to solemnize the marriage.

Step 4 – Declaration by the parties and witnesses

Prior to the solemnization of the marriage, the parties getting married and the three witnesses have to sign the declaration in the form specified in the third schedule in the presence of the marriage officer and that is to be countersigned by the marriage officer.

Who has to sign the declaration?

Both parties and three witnesses (in the presence of the marriage officer). It will also be countersigned by the marriage officer.

What is the content and format of declaration?

It is as provided in Schedule III of the act.

Documents Required

·         One passport size photograph of each of the three witnesses.

·         Any document for identification of the witnesses by the Marriage Officer (Driving License, PAN Card etc.)

The format of the declaration form is as follows:

DECLARATION TO BE MADE BY THE BRIDEGROOM

I, A.B., hereby declare as follows: ―

I am at the present time unmarried (or a widower or a divorcee, as the case may be).

I have completed ….. years of age.

I am not related to C.D. (the bride) within the degrees of prohibited relationship.

I am aware that, if any statement in this declaration is false, and if in making such statement I either know or believe it to be false or do not believe it to be true, I am liable to imprisonment and also to fine.

(Sd.) A.B. (the Bridegroom).

DECLARATION TO BE MADE BY THE BRIDE

I, C.D., hereby declare as follows: ―

I am at the present time unmarried (or a widow or a divorcee, as the case may be).

I have completed …. years of age.

I am not related to A.B. (the Bridegroom) within the degrees of prohibited relationship.

I am aware that, if any statement in this declaration is false, and if in making such statement I either know or believe it to be false or do not believe it to be true, I am liable to imprisonment and also to fine.

(Sd.) C.D. (the Bride)

Signed in our presence by the above-named A.B. and C.D. So far as we are aware there is no lawful impediment to the marriage.

(Sd.) G.H.

(Sd.) I.J.

(Sd.) K.L.

(three Witnesses)

Countersigned E.F.,

Marriage Officer

 Dated the   __day of      20__

Step 5 – Place and form of Solemnization

Under Section 12, the court marriage can take place in the office of the marriage officer or at such other place within a reasonable distance.

Marriage will be binding only when in the presence of a marriage officer, in each language and the three witnesses, in any language understood by the birds, to the other party, "I, (A), take you (B), become my valid wife (Or husband) ". Parties can choose to make solemnize their marriage in any form.

Step 6 – Certificate of Marriage

The marriage officer enters the certificate in the marriage certificate book in the form specified in Schedule IV of the Act. If both sides and three witnesses have been signed, such a certificate is conclusive proof of court marriage.

The certificate of marriage is as follows:

CERTIFICATE OF MARRIAGE

I, E.F., hereby certify that on the………………………………………………………………….day of

………………………………………………20………….., A.B. and C.D appeared before me and

that each of them, in my presence and in the presence of three witnesses who have signed hereunder, made the declarations required by section 11 and that a marriage under this Act was solemnized between them in my presence.

(Sd.) E.F.,

Marriage Officer for

(Sd.) A.B.,

Bridegroom

(Sd.) C.D.,

Bride.

(Sd.) G.H.

(Sd.) I.J.

(Sd.) K.L.

Three Witnesses

    Dated the                                          __ day of                                                             20__

What are the complexities one faces in a court marriage?

The process of court marriage is relatively simple compared to normal marriages, including traditional rituals, detailed religious steps and months of planning. Some of the complications faced in court marriage are as follows:

• The date depends on the marriage officer that the court allocates the date for the presence and severity of the marriage. In the case of an emergency, the marriage cannot be made before the allotted date (30 days after the notice is published when no objection is raised by anybody).

• A well-established objection can stop the marriage for a longer period and the decision depends on the determination of the marriage officer. If the marriage officer retains the objection, the parties will have to appeal to the District Court for this.

• The entire process should be done manually in most places by visiting the Marriage Officer's office because working online portal is not present everywhere.

• To be eligible to give notice to the marriage officer of that area or district, stay in a place for at least 30 days. So generally, one can only apply for marriage where he lives and there is no destination in which he had planned to get married.

• The required documents, the fees to be paid and the person appointed as the marriage officer is different from the place. This is usually done according to the rules made by the respective states.

• If the marriage is not made within 3 months from the date of the notice, the notice is terminated and a new information should be given to the marriage officer.

• When dealing with court marriages, one has to face legal complications, that if there is a Hindu, Buddhist, Sikh or Jain on one side and belong to a Hindu undivided family, then their segregation family as a result of such a marriage will have to be done. The inheritance race will be governed by the Disability Removal Act, 1850.

How much the process of court marriage costs overall?

The process of court marriage cost also varies from state to state and one has to individually look into the fees of the respective place where the marriage is to be solemnized.

How long the entire process of court marriage takes to be completed?

 The entire process, starting with giving notice, takes up to 60 days. Provided that no objection occurs within 30 days from the date of publication of the notice.

If any objection arises, the maximum inquiry period for marriage officer is 30 days. After retaining the objection of the marriage officer, the marriage officer can be appealed in the District Court within 30 days from the date of the decision.

Is the marriage process uniform for every religion?

Yes, the process of court marriage is equal and equal to every religion. This act is a secular work, so all religions are given equal treatment by the act.

Advantages of court marriage

The court marriage has the following advantages:

• It is a less expensive and simple process.

• The parties of marriage get the option of marrying in any way. As if they choose, two Hindus can solemnize their marriage through a Christian style marriage.

• Marriage couple will not have to apply again to the marriage officer for registration of marriage. This court is part of the marriage process.

• The marriage certificate received at the conclusion of court marriage is a conclusive proof of marriage between the parties and there is no need to prove otherwise by evidence.

Court marriage for boys and girls is related to one or the other religion:

Visit the respective "marriage officers" in the area where the bride or groom or both live. For this purpose, SDM / ADM / Deputy Commissioners have been authorized as Marriage Officer. Get the form. You should prepare these things for an intended marriage:

1. Duly filled and signed application by the bride and groom.

2. In order to apply for marriage, a nominal fee is to be deposited with the district cashier and should be attached with the receipt form.

3. Documentary evidence of the date of birth of both parties (Matric Certificate / Passport / Birth Certificate)

4. Documentary evidence regarding staying in the area of any of the parties for more than 30 days (Report from Ration Card, Voter I Card, Passport or related SHO).

5. Provide separate affidavits from the bride and groom:

·         Date of birth.

·         Current Marital Status: Unmarried / Widowed / Divorced

·         Confirmation that the parties are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act.

6. Passport size photographs of both sides (each of 2 copies) duly certified by gazetted officer

7. In case of widow/widow, in case of divorced and spouse's death certificate, a copy of divorce order/order

For the solemnization of the marriage, the presence of both sides is required after submission of documents of issuing information of the intended marriage. A copy of the notice is posted on the office notice board by the marriage officer. Within 30 days of issuing a notice, any person can file an objection on intended marriage. In such a case, the marriage officer will not solemnize the marriage unless he has decided the objection, within 30 days of his receipt. If the marriage officer refuses to solemnize the marriage, then any party can file an appeal within the district court within 30 days. If there is no objection, then the marriage officer ca solemnize the marriage after 30 days of notice. Both parties need to be present along with 3 witnesses on the date of the solemnization of the marriage. It is recommended to deposit the names of witnesses at least one day before.

What are the Complications Involved in the Court Marriage?

One thing about court marriage is that the court process starts by filling the online application for the court marriage till the registration of the court marriage because the court process is relatively simple compared to traditional marriage.

Regardless of the simple and easy way to marry your loved one, there are some complications in court marriage that often raise questions - how to get court marriage in your mind. Some of the complications involved in the court marriage process are as follows:

• Dates for court marriages are dependent on the marriage registrar, he will allocate for appointment to come personally for the solemnization of the marriage of the parties

• If there is an emergency for the early date, but an early date cannot be allotted because the notice cannot be given on the date 30 days before the date of publication, if no objection is raised.

• If any objection is raised then the marriage process may be delayed until the marriage officer's decision is pending with regard to the objection raised for marriage.

Although the procedure for applying for court marriage has been made online,  for the solemnization of the marriage, the parties are to be present in front of the marriage registrar and the online portal does not work in every part of the country.

• The marriage should be reported to the office of the Registrar, in whose jurisdiction the marriage parties are staying for at least 30 days so that you cannot go anywhere else for marriage.

• The required documents, the fees to be paid and the person appointed as the marriage officer is different from the place. This is usually done according to the rules made by the respective states.

• If the marriage is not solemnized within 3 months of the notice of intended marriage, then a new notice should be given to the marriage officer to solemnize the court marriage.