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Writer's pictureLead India
Mar 15, 20233 min read

Is A Court Marriage Lawyer Mandatory For Court Marriage?

Court marriages take place in front of a marriage official in a courthouse without following the traditions of a regular marriage, which is how they differ from traditional marriages in India.


When a man and woman who are legally allowed to marry do so in front of a judge, a marriage official, and three witnesses, regardless of their caste, religion, or beliefs. You are not obligated to hold a conventional celebration to formally wed in the event of a court marriage in India.


Judicial marriages, which are common in India, are governed by the Special Marriage Act of 1954. There is no caste, color, religion, or creed discrimination when performing a court marriage. Those who practice two distinct religions can also get married in a formal ceremony.


The official solemnization of a marriage is simply referred to as a court marriage. Court weddings are also an option in situations where the parties involved come from different castes and religions. Interested parties may file a direct application to the Marriage Registrar in order to get a marriage certificate.

Need of lawyer:

  • Before submitting the marriage notification, the parties contact their attorney. Your best option for moving through with the judicial marriage process is to hire a matrimonial attorney.

  • The parties to the marriage will receive advice from an advocate regarding the applicable law, the location of registration, and how to register a marriage.

  • The parties must be of legal age to participate, according to an advocate.

  • An advocate will guarantee that both parties freely consent.

  • All of the paperwork needed for the registration process will be prepared by an advocate. It aids in lightening the load and saving the parties to the marriage time.

  • You, your partner, and the three witnesses will meet with an advocate at the marriage registrar's office at a mutually convenient time to go over the paperwork one more time.

  • An advocate will submit an appeal on behalf of the parties and present the arguments in the event that further claims and considerations are made.

Process:

  • Notification of the marriage: Before the wedding, the parties must notify the district marriage officer. The second schedule outlines how the parties to the marriage must give written notice of their intention to marry to the marriage official.

  • Making the notification public: There is a 30-day waiting period before submitting any kind of protest; upon publication, the marriage officer must post the notice in a conspicuous area inside his office.

  • Marriage objection: Within the 30-day interval, anybody may raise an objection to a judicial marriage under section 7 if they believe it would be in violation of any of the rules listed in section 4 of the act. Instead of a subjective argument, a legal one should be stated. According to Section 8, the Marriage Officer will look into an objection within 30 days of receiving it if it does not prohibit the marriage from being solemnized. If there are no objections, the marriage official may conduct the ceremony.

  • The Witnesses, along with the parties, declare: Three witnesses are required in a legal marriage before the ceremony can take place. Both spouses and three witnesses must sign and declare the Third Schedule's specific form in front of the marriage official.

  • Certificate of Marriage: When all the requirements have been met, the marriage official will issue the certificate of marriage. If there are no objections, the marriage official may conduct the ceremony.

Advantages:

  • It avoids the significant costs connected with wedding ceremonies and traditions and is simpler and cheaper. The parties to the contract are free to choose how the marriage is celebrated.

  • It ensures agreement from both parties. The marriage license is willingly signed by both parties. Similar to a religious union, consent may or may not be voluntarily provided by the couple.

The conclusion drawn from the arguments above is that the 1954 Special Marriage Act governs the solemnization of court marriages. A court marriage is taking place in a legal setting. in order to make it simple to detect any possibility of consent that is fraudulent or any abnormal conduct.


Court Marriage Lawyers in Mumbai can be appointed if the couple lives in Mumbai. Likewise, if the couple lives in Ghaziabad then Court Marriage Lawyers in Ghaziabad can be appointed. Court Marriage Lawyers in Delhi can also be appointed.


You can seek free legal advice from attorneys at Lead India. Moreover, you can ask a legal question to solve any legal query. Talk to a lawyer to get best advice.


Call Us: +91–8800788535

Email: care@leadindia.law


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