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Anonymous
Asked: October 11, 20192019-10-11T03:54:48+00:00 2019-10-11T03:54:48+00:00In: Marriage

What is the Court Marriage Procedure in India?

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I am going to marry soon please guide me what is the court marriage procedure in India.

Thanks.

court marriage
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  1. Ratan

    Ratan

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    Ratan Beginner
    2019-10-11T04:21:48+00:00Added an answer on October 11, 2019 at 4:21 am

    Hi there! I have discussed all procedure about court marriage here this will help you.

    Step-by-step Guide about Court Marriage in India

    Marriage is considered as an important decision of life. Obviously, without a partner, you may not be able to enjoy real fun in life. Thus, you need to find out true love and romance in life. For this, you can grab help from marriage institution. Since India is democratic, you are free to choose anyone as your partner irrespective of caste, religion, creed, and even culture. So, if you are planning to choose court marriage, you first need to know about the same. Are you getting confused? If yes, then you should check out stated below step-by-step guideline about court marriage procedure in India.

    What Is Court Marriage In India?

    Unlike traditional marriage options, court marriage allows individuals to choose their partner according to the specific emotional requirements. They don’t need to think about caste, creed, religion, culture, and even country. Yes, you can even choose a foreigner when it comes to going with court marriage. With the help of the marriage act of 1954, you can easily be able to choose the right partner for life. When it comes to performing a court marriage, you need three witnesses. The marriage can be solemnized in witness of a court officer and your chosen witnesses.

    Terms & Conditions

    There are specific terms and conditions that need to be followed when it comes to choosing court marriage. So, you need to know the rules and regulations under section four of India’s special marriage act.

    • Before facing the actual procedure of court marriage in court, both parties need to fulfil required conditions. They should be aware of civil marriage contract rules.
    • If you are already married, you aren’t supposed to apply for court marriage with another person. You can apply for court marriage only if your partner is dead or you got a divorce.
    • There should be no physical, emotional and otherwise pressure involved when it comes to court marriage. Couples should be mutually agreed for court marriage.
    • At the time of court marriage, the bride should be of at least 18 years and the groom should be of 21 years old.
    • However, it is true that you can choose any individual even without taking culture, religion, etc. into consideration, but it doesn’t mean that you are authorized to go with taboo marriages.

    What Are the Documents Needed for Court Marriage?

    When it comes to understanding the complete procedure of court marriage in India, you shouldn’t forget knowing about the documents required for the same. So, let’s check out what types of documents you need to apply for court marriage in India.

    Court Marriage Documents for Bride and Groom

    • First of all, the bride and groom need to sign a marriage application form whether online or offline.
    • A receipt of court marriage fee should also be attached.
    • Both parties need to submit age proof such as birth certificate, high school mark sheet, etc.
    • Document of address proof such a voter ID, driving license, Aadhar card, ration card, etc.
    • Affidavit if you don’t have certain document.
    • Two copies of passport size photos of the groom and bride.
    • In the case of divorce, you need to provide a divorce document. In case of being widower or widow, you need to provide a death certificate of your partner.

     

    Documents Needed for Witnesses

    • Pan card.
    • Driving license, voter ID card, or aadhar card as proof of identification.

    Documents Needed for Foreign National

    • If you are going to choose a foreign national as your bride or groom, you need to fill a certain form.
    • Copy of valid visa and passport needed.
    • NOC from the national embassy of the foreign national.
    • You also need to provide evinces about your stay in India for more than thirty days.

    Affidavit Also Needed

    • Whether you are a bride or groom, you always need to provide an affidavit regarding a court marriage procedure in India.
    • Affidavit for whether you are divorced, married or widowed.
    • Date of birth.
    • The couple also needs to declare that they don’t come under a prohibited or taboo degree of relationships.

    What Is the Court Marriage Charge or Fee in India?

    Since there are different states in India, you need to be ready to pay the court marriage fee accordingly. It could be between INR 500 to INR 2000 depending on the state you live in. So, before going through the marriage process, you first need to confirm the court marriage fee in your state.

    What Is the Process of Court Marriage in India?

    Whether you are going to choose a partner from other caste or country, you first need to follow the exact process of court marriage in India. Having gone through aforesaid details, now you need to know the key steps of completing a marriage at court in India.

    Notice of Desired Marriage

    The first and certainly the most important step of going through a court marriage process is that you should notified people about intended marriage. When you notify authorized people about intended marriage, you can easily complete an important task.

    Publishing of Court Marriage Notice

    Now, the honourable court will publish a court marriage notice. The key reason for publishing the court marriage notice is that people should know about the intended marriage.

    Objection to Court Marriage

    When anyone sees the published court marriage notice, he or she may object on the same. If someone objects on a marriage, authorities will check the matter. If the objection is valid, the marriage will be stopped or else continued.

    Declaration Is Needed by the Couple and Witnesses

    Now, it’s time for declaring the whole process. So, the couple, as well as the three witnesses, need to submit a declaration form regarding the same.

    Solemnization of Court Marriage

    Now, a marriage should be conducted in the court. However, usually marriage is solemnized in the court, but you may also choose another place. But for this, you should be ready to pay extra charges.

    Grab the Court Marriage Certificate

    Under the special marriage act, couples are authorized to grab a court marriage certificate. A marriage certificate is a legal document that officially declares that both of you are married.

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  2. KISHAN RETIRED JUDGE

    KISHAN RETIRED JUDGE

    • About Advocate Kishan Dutt KalaskarKishan Dutt Kalaskar Retd Judge 20 years service as Judge in different capacities. Read and prepared Head Notes for more than 10,000 judgments of different High Courts and Supreme Court. Head Notes published by various Law Publishers. Now preparing Head notes for www.scconline.com. Worked in different capacities and dealt with several categories of cases. Having practical knowledge of law in practice and drafting and counselling.
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    KISHAN RETIRED JUDGE Expert About Advocate Kishan Dutt KalaskarKishan Dutt Kalaskar Retd Judge 20 years service as Judge in different capacities. Read and prepared Head Notes for more than 10,000 judgments of different High Courts and Supreme Court. Head Notes published by various Law Publishers. Now preparing Head notes for www.scconline.com. Worked in different capacities and dealt with several categories of cases. Having practical knowledge of law in practice and drafting and counselling.
    2019-10-30T17:02:09+00:00Added an answer on October 30, 2019 at 5:02 pm

    Dear Friend,

    You may go through the following procedure under Special Marriage Act

    Conditions Necessary for A Marriage

    The following conditions are necessary:

    1. That neither party has a spouse living at the time of marriage.
    2. That neither party is incapable of giving a valid consent to the marriage due to unsoundness of mind.
    3. That neither party has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children.
    4. That neither party has been subject to recurrent attacks of epilepsy or insanity.
    5. That the bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of marriage.
    6. That the parties are not within the degrees of prohibited relationship. However where a custom governing at least one of the parties permits a marriage between them, such marriage may be solemnized non with standing that they are within the degrees of prohibited relationship as follows:

    http://www.helplinelaw.com/family-law/MSMA/solemnization-of-marriage-under-special-marriage-act-1954.html

     

    The requirements of procedure as per Karantaka State is as follows regarding fees and formats

     

    1. Every Marriage Officer shall cause his name designation and the regular working hours of his office to be written in English and in Kannada and displayed in a conspicuous part of the building in which his office is situated.
    2. (1) Notice of any intended marriage under the Act shall be given in writing in the form specified in the Second Schedule to the Act to the Marriage Officer by both the parties intending to enter into the marriage either in person or by registered post.

    (2) Where the notice is delivered in person, the fee prescribed therefor in rule 10 shall be paid directly in cash to the Marriage Officer. Where the notice is sent by registered post the fee shall be remitted by money order at the remitters expense and the receipt issued to the remitter by the post office through which the remittance is made shall be attached to the notice.

    (3) As soon as the notice has been received by the Marriage Officer a distinctive serial number shall be entered on it and such number and the date of receipt of the notice shall be attested by the signature of the Marriage Officer. If the notice is in the confirmity with the requirements of the Act, it shall be entered in the marriage notice book which shall be

    1. Published in Karnataka Gazette part IV I C (ii) 16 dated May 18, 1961 page 1003 to 1010.

    http://www.karnataka.gov.in/karigr1/Pages/Special-Marriage-Fees.aspx

     

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