The lifestyle in the present times is fast paced and it is preferred by people that their work including their professional issues to their personal matters, marriage as well could be done in the shortest time. In the present times, people prefer having their marriage in a short period of time which could easily be done through the court marriages.
In case you are looking forward to having your marriage solemnised through the process of court marriage in a short period of time, you could contact us at Lead India. All you have to do is to complete the necessary paperwork for the court marriage, after which, all that is left to do is to visit the Court for a day and have your marriage concluded. The paperwork will be completed by our advocates.
Why opt for a Court Marriage?
In case you wish to ignore the long and tedious marriage customs, you could opt for the court marriage as well as in case you wish to perform an inter-caste or an inter-religious marriage you could apply for a court marriage.
Documents Required to apply for a court marriage:
Following documents are required to be prepared in advance to file to initiate the Court Marriage process in Delhi:
Application form to be properly filled and signed by the parties applying for the court marriage.
Nominal fees is required to be paid and its receipt has to be attached with the application form
Documents proving the date of birth
Passport size photos of the parties to the court marriage.
In case any of the parties filing for a court marriage is a divorcee or a widow/er, then the copy of such divorce decree or death certificate of the previous spouse respectively.
Residential proof that at least one of the parties to the court marriage has been living in an area falling under the jurisdiction of the marriage officer.
Separate affidavits from both parties to the court marriage about their-
Date of birth
Present marital status, i.e. unmarried/divorced/widow(er)
Declaration from the parties stating that parties to the court marriage do not fall under the degree of prohibited relationships.
Procedure for the Court Marriage in Delhi-
The process for the court marriage as provided under the law has been explained as under-
Notice of intended Marriage- The first step to apply for the procedure of the Court Marriage in Delhi will be to file a “notice of Intended Marriage”. As per the Second Schedule of the Special Marriage Act, 1954 a notice is required to be filed. This notice for court marriage includes the proof from both the parties to court marriage of their marital status, occupation, age, residential address, permanent address, etc as required by the provisions of law. This notice has to be filed to the Marriage Officer under whose jurisdiction either one of the parties has been residing for a minimum period of 30 days
Publishing the Notice- the Marriage Officer will enter the details of the notice in the records of the Marriage Office, these records would be kept open to the public, also a copy of this notice would have to be published in some part of the office of the Marriage Officer.
If neither party to the court marriage resides in the area falling under the jurisdiction of the Marriage Officer, then in such a situation, the marriage officer would forward the notice to the Marriage Officer under whose jurisdiction the parties to the cour marriage reside permanently.
Objection to the court marriage- a waiting period of 30 days shall be provided under the law after the notice for the court marriage has been published in the office of the marriage officer. Thus any objection to the marriage could be made on the grounds provided during these 30 days.
When an objection has been raised against the court marriage application, the registrar is bound to make enquiries regarding the same, these enquiries must be made within a period of 30 days from the date such objection was raised.
The objection raised when found valid by the marriage officer, then the parties have the right to file an appeal in the respective district court against the decision of the Marriage Officer. The appeal against such decision should be filed within a period of 30 days from the date of cancellation of the application.
After 30 days, as provided by the law, are over and no objection has been raised or the result of the enquiry so made for the same was in the favour of the parties, then the permission of marriage shall be granted and a date would be provided.
On the date so assigned, parties are to be present in the Court along with three witnesses as well.
After the solemnization of the marriage, a certificate of marriage will be issued by the marriage officer, it will include the signatures of the three witnesses to the court marriage, the married couple as well as the marriage officer. The certificate issued will be the conclusive evidence for the marriage.
Also, in case the marriage has not been solemnised within three months from the date the notice for the court marriage was filed, the procedure to the court court marriage would be taken as lapsed, hence the proceedings would have to be freshly initiated.
If an appeal has been filed against the decision of the marriage officer, the aforementioned period of three months is required to be counted from the day the decree of the district court was passed.
To conclude, it could be observed that the procedure involving court marriage is lengthy and will need a no. of documents to be filed, but with proper legal assistance and after submitting the required documents, on the date so provided by the Marriage Officer,Same day Court marriage in Delhi could be completed. If you wish to for further information or seek free legal advice online, you may contact us.
SOURCE:-
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