top of page
Writer's pictureLead India
Jun 13, 20233 min read

Process For Court Marriage Between An Indian And A Nepalese Citizen ?

The procedure for the court marriage has been provided under the Special Marriage Act, 1954. Court marriage, as per the law shall be solemnised in the presence of a court marriage officer as well as three witnesses. No matter their caste, religion, or faith, two Indians may get married in court in India.


In court marriage in Noida any other court marriage in Faridabad city, court weddings between Indians and foreigners are also permitted. Following article discusses the procedure and other requirements for court marriages in India-

Conditions required for Court Marriage as required by the Act

  • The parties applying for the court marriage must not have a living spouse. The couple shall be allowed to proceed with the court marriage if either of the parties to the court marriage is a divorcee or widow/er.

  • The parties must have given their free consent to the marriage, implying that neither of the parties should have an unsound mind or be suffering from any other similar mental problem

  • The legal age of marriage in India as per the legal provisions for the groom is decided to be 21 years old while the bride shall be above 18 years of age

  • The parties to the court marriage must not fall within degrees of prohibited relationship as has been provided by the law, except if the customs of either parties permits so


Documents required to be submitted-

  • marriage application to be duly filled and signed by the parties to the court marriage

  • residential address proof of the parties

  • Receipt for the fee paid for the application form

  • A copy of divorce decree or death certificate is also required to be submitted if either of the parties is a divorcee or a widow/er respectively

  • passport sized photograph of the bride and groom

  • Age proof of the parties to the court marriage

  • affidavit signed by the parties confirming that they do not fall under the degrees of prohibited relationship

If either of the partners is a foreign national

  • A copy of his/her passport with valid visa to be submitted

  • documents proving that one of the parties has been staying in India for more than 30 days

  • NOC or marital status certificate from their respective Embassy or Consulate in India by the party who is not an Indian national

Procedure for court marriage

  • Notice- A notice shall be submitted before the marriage officer under whose jurisdiction either of the parties to the court marriage has been staying for a minimum period of 30 days. Afterwards the notice so submitted would be published by the marriage officer in his office in such a place from where it is clearly visible to the public.

  • Objection to the marriage- an objection to such notice can also be raised within a period of 30 days from the day it was published, on the basis of the grounds provided by the Act.

  • Declaration by parties and the witnesses- before the solemnization of the marriage, the court marriage application form must be signed by the couple, in the presence of witnesses, declaring their intention of marrying with their free consent.

  • Marriage certificate- after a marriage has been solemnised, in accordance with the rules and regulations of the Special Marriage Act, the details of the parties shall be added in the marriage register by the marriage registrar and a marriage certificate shall be issued as well. This certificate of the court marriage will be a proof of a valid marriage between the parties.

Conclusion

The provision for court marriage between an Indian and foreign national has been provided under the Foreign Marriage Act, 1969 also known as a civil marriage. Procedure for court marriage is absolutely similar to the procedure for court marriage mentioned under the special Marriage Act, 1954. In order to seek the advice for court marriage registration delhi or any other City, you may contact an experienced advocate in your city.

Lead India offers you a wide pool of experience advocates who have been successfully assisting various couples around the country who are interested in having their marriages solemnised through the Courts directly. In case you wish to seek free legal advice online or talk to a lawyer, you may contact us through both online or offline mediums.

Call Us: +91–8800788535

2 views0 comments

Recent Posts

See All

Kommentare

bottom of page