Court Marriage: Process, Documents & Important Information

Hello dear readers, today we will provide complete information related to Court Marriage: Process, Documents & Important Information in our blog. In today’s time, court marriage has become an important option, especially for those couples who want to get their marriage legally recognized. Court marriage in India is a legal method. It takes place under the Special Marriage Act, 1954. If you also want to get married through court marriage, then definitely read this article of ours-

court marriage

Court marriage is a legal process through which two adult persons, irrespective of their religion, caste or community, can legally marry. This marriage process is done under the Special Marriage Act, 1954, which gives a legal recognition to marriage beyond social and economic rituals. Court marriage is a simple and safe option for those couples who want to get married while avoiding social or family pressure. Secularism is also followed in this process where religious rituals are not required and it provides legal rights and protection to both the individuals after marriage.

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1. Court Marriage Process

The process of court marriage in India is done under the Special Marriage Act, 1954. The main steps in the process of court marriage are as follows-

(1) Giving notice

First of all, you and your partner have to give a notice in front of the District Marriage Registrar. Which notice is related to the intention of marriage. It is mandatory for one of the two parties to reside in the district for the last 30 days where you give the notice.

(2) Publication of notice

The notice is also displayed publicly in the marriage registrar office for 30 days so that if anyone has an objection to this marriage, he can register it.

(3) Objection status
If there is no objection in 30 days, then the court will proceed with the marriage process. If there is any objection, the marriage registrar investigates that objection.

(4) Registration of marriage

After 30 days, both the parties have to appear before the marriage registrar with their three witnesses. After this the marriage registrar registers your marriage and issues you a valid marriage certificate.

2. Eligibility

It is very important to follow some conditions to do court marriage in India, which are as follows-

Acceptance

• The marriage should be done with the consent of both the parties

Unmarried status

• Both the persons should be unmarried, widow/widower, divorced at the time of marriage.

Mental status

• Both the persons should be mentally healthy so that they can give their consent for marriage.

3. Documents required for court marriage

Some important documents are required to complete the process of court marriage. These documents are as follows-

1. Aadhar card or any other identity card – like voter ID, passport.
2. Birth certificate or 10th mark sheet- to prove age.
3. Address proof- Residence certificate or electricity bill, ration card etc.
4. Passport size photo- of both the parties.
5. Identity card of witnesses- Aadhar card or any other identity card of the witnesses.
6. Divorce certificate (if related)- if any of the parties has been married before and has got divorced.
7. Death certificate (if related)- if the ex-husband or spouse of any of the parties has passed away.

4. Court marriage fees

The fee for court marriage may vary slightly according to the states and districts, but generally it ranges from ₹500 to ₹1500. Apart from this, there may be some additional fees, such as the cost of notary or stamp paper.

5. Minimum age for court marriage

According to Indian law for court marriage, the minimum age of the man should be 21 years and that of the woman should be 18 years. This rule applies under both the Indian Marriage Act and the Special Marriage Act. If you do not meet these age conditions then the court marriage can be invalid.

6. Original Certificate of Court Marriage

After successful registration of court marriage, you will be issued a marriage certificate by the marriage registrar. This certificate will be legally considered as a strong proof of marriage for you. You can also use it as legal proof in government or private works, such as passport application, opening a bank account or in the visa process.

7. Importance of Court Marriage Registration

Court marriage registration legally recognizes your marriage. It registers the marriage as a government document and also provides you legal protection. If any legal or social challenges have to be faced in the future, then this marriage certificate will play an important role. Apart from this, this document will also help the couple in property, inheritance and other legal rights.

8. Benefits of court marriage

Legal recognition: Court marriage is recognized by law, which provides legal protection to the couple.

Secularism: No particular religion or caste is important in this process and a secular process is also adopted for marriage.

Simple process: The process of court marriage is simple and quick as compared to other traditional marriage methods.

Safe to face social challenges: For couples who are facing obstacles from their society or family, it is considered a legally safe option.

9. Some new rules and guidelines related to court marriage

Recently, some new rules and guidelines related to court marriage have been implemented, which have been made with the aim of making the marriage process more transparent and safe. It is mandatory for all couples doing court marriage to follow these rules. Let us know about some major new rules of court marriage-

1. Mandatory use of Aadhar card

According to the new rules, now Aadhar card has become a mandatory document for court marriage. With this, the identity of both the persons getting married can be verified correctly. The use of Aadhar card will also help in preventing cases of fake identity in this process.

2. Registration of marriage online is mandatory

The government has taken steps towards making the process of court marriage online under the Digital India campaign. Online application and registration has now become mandatory for marriage in many states. This process is to increase transparency and prevent corruption.

3. 30-day notice period now available online

Earlier, the marriage notice was made public in the office of the marriage registrar for 30 days. But now it can also be viewed online, making it easier to register any kind of objection. This process has been implemented to ensure transparency and accountability.

4. Personal presence of both parties mandatory

Now the personal presence of both parties has been made mandatory during court marriage. Earlier in some cases, marriage was done in the absence of one party on the basis of witnesses in front of the marriage registrar, but now this will not be possible. This rule has been implemented to prevent cases of fake marriage and fraud.

5. Marriage certificate issued immediately after marriage

Now the process of issuing marriage certificate immediately after court marriage has also been expedited. Earlier one had to wait for several days for the certificate, but now it can be obtained on the same day or within a few days.

6. Verification of other details related to Aadhaar

According to the new rules, it has been made mandatory to verify other details related to Aadhaar of both the persons applying for marriage, such as their mobile number and email ID. This will also facilitate taking advantage of government schemes and services after marriage.

7. Special rules for international marriages

If any party is a foreign citizen, then the process of verification of his identity and visa has been further tightened. This will definitely reduce the cases of fake international marriages and fraud.

8. Legal advice and counseling

In some states, counseling and legal advice has also been made mandatory to give couples before court marriage, so that they can also be made aware of their rights and responsibilities. This rule has been made to reduce disputes and to do marriage wisely.

9. Checking witnesses for security

Now it has been made mandatory to identify and verify witnesses in court marriage. The identity card and cards of the witnesses will be verified properly so that there are no fake witnesses in the marriage.

10. New legal idea for same-sex marriage

The legal debate about same-sex marriage in India has been going on for a long time and it is likely that in the near future some changes can be made in the process of court marriage for same-sex persons as well. Although it has not been fully implemented legally yet, but discussions have been going on in the courts for a long time.

The purpose of these new rules is to make the process of court marriage more smooth, safe and transparent. If you are also planning to do it, then please keep these rules in mind so that your marriage is legally valid and safe.

Conclusion

Court marriage is a great option for those who want to get married in a simple and transparent way with legal protection. This process not only saves time and money, but also helps in providing legal protection to the couple. If you are opting for it, then also make sure that you have all the necessary documents and are following the procedure correctly. The marriage certificate received after marriage can also be helpful in many legal matters in the future.

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