Court marriages are recorded differently in India than customary marriages. India performs court marriages in front of the marriage commissioner. Traditions that would typically be followed at a wedding are not observed. Couples who are legally able to do so may exchange vows in front of three witnesses during a court ceremony. The marriage might be solemnized without having a formal celebration.
A valid legal marriage can only be performed in front of witnesses and marriage officials. The provisions of the Special Marriage Act of 1954 must be followed in an Indian court wedding. Two people can be lawfully married in a court ceremony regardless of their gender identity, religious beliefs, or neither. Indian citizenship is not necessary for both partners in a judicial marriage. They may also marry if one of them is a foreign national.
Procedure:
The parties (bride and groom) must provide the court marriage application form, also known as notice of the intended marriage, to the marriage officer. The notification of the intended marriage must be given at least 30 days prior to the scheduled wedding day, as per the second schedule of the Act. It must be presented to the marriage officiant in whose jurisdiction both spouses have continuously resided for at least 30 days.
The marriage officer will publish the notice of the intended marriage that was submitted by the parties by attaching it in a prominent area inside the marriage officer's office. Within 30 days of its publication, anyone may raise objections to the marriage. The marriage will continue if there are no objections after 30 days have passed since the notification was published.
Anyone may object to the court marriage for a period of 30 days following the publication of the intended marriage notice. Any condition that must be satisfied for a judicial marriage may not be met; therefore, a person may raise an objection to the marriage officer. However, rather than being based on personal opinion, the marriage should be rejected legally. The marriage official must ask for a follow-up inquiry within 30 days of receiving the objection. The marriage officer may solemnize the marriage after learning more about the objection if it does not violate any marriage-related laws.
If the marriage is not opposed or if the opposition is rejected by the marriage officer, the parties must appear before the marriage officer and present a statement. The parties to the marriage must provide the declaration described in the third schedule of the Act, along with three witnesses, in front of the marriage officer. The celebrant of the marriage will countersign the declaration.
The parties may select a place outside of the marriage officer's office or one that is reasonably close to it. If the parties decide to hold the wedding elsewhere, they must pay the required additional fees. The solemnization of the marriage may take any form that the parties want.
The marriage certificate will be given by the marriage official after the ceremony has been solemnized. The engaged couple, three witnesses, and the officiant must all sign the marriage license. The marriage certificate provides unequivocal proof of the union. All relevant information will be entered by the marriage official in the marriage certificate book.
In the presence of the marriage registrar, a judicial marriage is performed. Additionally, members of any caste or religion are permitted to wed as long as the union does not involve any degrees of blood relations that are prohibited. If someone has Indian nationality, they are permitted to marry a foreigner. Given that they are not legally married in their home countries, court marriages allow Indians to wed foreigners. However, they are governed by several laws.
If the couple lives in Gurgaon, then a court marriage in Gurgaon may be done. Moreover, if the couple lives in Ghaziabad, then a court marriage in Ghaziabad may be performed. court marriage in Delhi may be done if the couple lives there.
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