Court marriages, unlike the marriages solemnised in accordance to one’s customs, are done as per the provisions of Special Marriage Act,1954, which provides that marriages can also be solemnised in the court or in the presence of the appropriate marriage officer and with three witnesses present as well. If you are considering following the process of court marriage in Gurgaon, it is advised that you seek legal advice from experienced lawyers in your city.
Eligibility-
Persons belonging different genders from different castes, religions, place of birth etc. could marry through Court.
Conditions for court marriage-
Various conditions which are required to be fulfilled for interested parties to register for court marriage-
The parties filing for court marriage must not be married to a third person at the time of applying, even in case either of them were married previously, then at the time of applying for the Court Marriage they must be either divorced or widowed.
The groom applying for the court marriage must have completed the age of 21 years while the female should be more than 18 years old or above.
The parties applying for court marriage in Ghaziabad must not fall within degrees of prohibited relationship, unless the customs governing either of the parties to the marriage allows so.
Documents required:
Application form must be duly filled and signed by the parties
Receipt of fees which is paid for the application form is required to be attached as well
Documents which prove the date of birth of the parties.
Documentary evidence related to the stay of either of the parties to the marriage in the area falling under the jurisdiction of the respective marriage officer.
Affidavits from both parties declaring-
Date of birth
Present marital status of the parties i.e. if they are unmarried, divorced or widow/er
Affirmation from the parties, that they are not within the degrees of prohibited relationship as per the Act.
Passport size photos of the parties duly attested by a gazetted officer
Procedure for Court Marriage-
Chapter II of the Act of 1955, titled as “solemnization of special marriages”, provides for the procedure of court marriage in faridabad can be understood as follows-
Notice for intended marriage
Under Section 5 of the Act of 1955, a notice is to be given to the marriage officer. The parties to the court marriage have to submit the notice in writing and in the form as provided under the Second Schedule to the Marriage officer. The marriage officer mentioned above should have jurisdiction over the area where either of the parties applying for the court marriage have been residing for a period not less than 1 month.
Publication
The Marriage Officer will then publish the notice in some inconspicuous part of his office, visible to the general public.
If the parties do not reside in the area falling under the jurisdiction of the marriage officer, then the marriage officer would forward the copies of the notice to the marriage officer under whose jurisdiction either of the parties reside, so as the notice could be published in his office for a period of 30 days.
Objection
A person can raise an objection against such notice of such marriage which is published in the office of the registrar. The objection can be raised on the grounds which are provided under Section 7 of the Act.
Objection against the marriage application shall be raised within a period of 30 days from the date of publication of the notice.
The objection raised will be recorded in the Marriage Notice Book by the Marriage Registrar.
Under Section 8 of the Act, a marriage officer will have a period of 30 days to enquire about the validity of such objection.
The court marriage shall be solemnised in case such objection was found to be invalid.
But if the objection so raised was found to be valid by the Marriage officer then the application for marriage shall be denied, however an appeal can be filed in the respective District Court against such decision by the marriage officer matter can be taken into appeal before the District Court by the parties concerned.
Marriage Certificate-
Court Marriage will be valid if both parties in the presence of the marriage officer affirm that they are ready to get married to the other party in the presence of three witnesses. After the whole procedure is completed the marriage Officer would issue a Marriage Certificate which would be a substantive evidence to the solemnisation of marriage
Conclusion
As has already been mentioned in the above discussion, the legal age of marriage for boys is 21 years, while a bride must be 18 years or above. Hence, before solemnising the marriage, your birth proof is checked at the very initial stage and if there is any problem with any of the documents necessary, then the application would be rejected. However, even if a situation arises where the wife is underaged, you must contact an experienced lawyer to understand the further options which are available to you.
In case you wish to seek legal guidance or further information on the procedure for the court marriage or wish to talk to a lawyer or seek free legal advice for any matter related to the civil or criminal law, you may contact us at Lead India.
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