How to do a court marriage, and what documents are required

OVERVIEW

How to do a court marriage, and what documents are required for this?

Index:

  • Introduction
  • How to register court marriage in 1 day
  • Documents required for court marriage
  • In how many days does the court marriage take place?
  • Court Marriage conditions
  • How to get married in a temple?
  • Stages of Court Marriage Process
  • What can do in objection?
  • What to do if you get married without the permission of family members?
  • How to inform the police?
  • What is an intimation letter?
  • Where is a marriage registration certificate required?
  • Can court marriage registration be done online?
  • Is parental approval necessary for court marriage?

Introduction:

What is the first thing that comes to your mind when you hear the name of court marriage? How does this happen, and what is the process? Because till now you must have seen most of the "Band Baja Barat" type of weddings. But now, instead of spending lakhs on weddings, people are saving their money by doing court marriages.

When we talk about court marriage, it is entirely different from the weddings that usually happen. It is performed in front of the marriage officer in the court without any traditional ceremony. All court marriages take place under the Special Marriage Act. Court marriage can occur between an adult male and female of any religion, creed, or caste. Let us tell you here that a foreigner and an Indian can also have a court marriage. An application must be made before the Registrar of Marriages for court marriage.

How to register court marriage in 1 day:

  • For the marriage of a Hindu in India, the Marriage Act 1955 or the Special Marriage Act 1954, under which all marriages are registered. According to this act, whoever marries the court. Certain documents are required for their court marriage, which is like this.

Documents required for court marriage:

  • Application for registration of marriage
  • 3-3 photos of both sides
  • Proof of age of both the parties (high school (10th) mark sheet or birth certificate) Any one of these
  • Residence proof of both the parties (Aadhar card, Ration card, Voter ID card, Driving license, PAN card) Any one of these
  • Photograph and PAN card of two witnesses
  • Copy of decree or order of divorce in case of divorcee and death certificate of spouse in case of widow or widower

In how many days does the court marriage take place?

  • Court marriage takes 30 days. Some rules of court are laws. It takes 30 days to follow the process. First of all, you have to apply for marriage. Then after that, you have to submit all your documents.

After giving all the certificates, a notice is sent to your home from the Registrar's Office. After sending the notice, the marriage news is published in the local newspaper. It takes a long time for this whole process to happen. So you cannot do court marriage in 1 day if you want to get married in 1 day. It also has a different solution.

You can get married in 1 day if you are of the Hindu religion. Then you can apply for a marriage certificate at your registrar's office by getting married in the temple and getting the certificate made there. And it takes only one day to generate this certificate. In this way, you can get married in 1 day.

Court Marriage conditions:

  • Age:

Court marriage requires both boys and girls to be eligible to marry. According to the Constitution of India, the boy's age is 21 years, and the age of the girl is 21 years. The Government of India has increased the age of marriage of girls to 21 years in the winter session of 2021.

  • No Pre-Existing Marriage: 

Neither party should have a previous marriage or divorce of a prior spouse.

  • Medical condition: 

Both parties should not suffer from any mental disorder/mental disorder.

How to get married in a temple?

  • To get married in the temple, you have to give proof of your age, and it is mandatory to have two witnesses.
  • If you do not do this, then your marriage will not be registered because the Government of India has made it mandatory to register the marriage.
  • After marriage in the temple, one must contact the lawyer for registration; this work takes only one day. And then your marriage is registered.

Stages of Court Marriage Process:

  1. Application of notice for marriage: For this, the marriage officer of the district has to be informed in court first.
  2. Notice: The notice shall be given in writing by the parties to the marriage.
  3. Information: Information about the court marriage will be given to the marriage officer of that district. Under the information form, proof of age and place of residence, i.e., the eligible of residence, will have to be attached.
  4. Publication of the notice: The district's Marriage Officer shall publish the notice before the notice is issued. One copy of the notice shall be published at a designated place in the office and one copy at the district office where the parties to the marriage are permanently resident.
  5. Registering Objection in Marriage: Any person can register it, which means anyone who has a distant or close relationship with a boy or girl can register an objection in marriage. Only the same will be examined if there is any basis for the objections given. This objection has been lodged with the marriage officer of the concerned district.

What can do in objection?

  1. On objecting, the marriage officer has to get the inquiry done within 30 days of the objection. If the objection were true, the marriage would not have taken place.
  2. Any party can file an appeal against the objections. Appeals can be filed in your local District Court under the jurisdiction of the Marriage Officer. And it can be filed only within 30 days of acceptance of objection.
  3. The declaration is to be signed by both the parties and three witnesses in the presence of the Marriage Officer. There is also the signature of the marriage officer. The writing and form of this declaration shall be as per Schedule 111 of the Act.
  4. Certificate of Marriage: Now, the marriage officer will finally enter a certificate in the marriage certificate booklet after the marriage takes place. The conclusive certificate of court marriage is a certificate issued by both the parties and signed by three witnesses.

What to do if you get married without the permission of family members?

  • If you have married your family members against your will and you have a threat to your life, then you can take protection; it is the responsibility of the government to protect the life of every citizen. As far as marriage is concerned, caste is not a barrier. The law ultimately allows this.
  • If anyone marries his family members and there is a danger to his and his life partner's life, he can do so by seeking protection from the Superintendent of Police of the area.
  • If the police refuse to provide protection, then such newlyweds can directly go to the High Court under Article 226 of the Constitution and the Supreme Court directly under Article 32.
  • The High Court under Article 226 of the Constitution and the Supreme Court under Article 32 is bound to hear such cases. Every citizen has the fundamental right to life under Article 21 of the Constitution. If this basic right of theirs is violated, then the Supreme Court is bound to protect it.
  • If a newly married couple goes to the Supreme Court or High Court citing danger to their lives, the court can order the police and the government to provide security to the newlyweds. After the court's order, the police will have to give protection to the newlyweds.

How to inform the police?

Now that your court marriage is done inform the police and your family about it. This will give them the comfort that you are safe. Second, the police will also get the correct information and reasoning. After that, the police will close their investigation. Follow these steps to notify the police.

  • First, WhatsApp your marriage certificate to your parents.
  • You can also send your wedding video or photo to your family.
  • After this, send your marriage certificate by post to the SHO of your nearest police station.
  • If necessary, go to the police station or the SP office and get your statement recorded.
  • Send similar applications and marriage certificates to your wife at the nearest police station.
  • It would be better to send an information letter through a lawyer. The lawyer gives information about your court marriage to the police and your family members in legal language.

What is an intimation letter?

  • You can call it an information letter in simple language, but it is beneficial. Information letters lawyers write in legal language.
  • This letter is mainly sent to the girl's house, boy's house, nearest police station, and SP office by post.
  • Apart from this, they can also send a copy to another place if the couple feels.
  • Lawyers attach your court marriage certificate with the information sheet and send it to the police station.
  • After this, the police have to ask questions to close their investigation; the police do the lawyer and not harass the couple.
  • After court marriage, if you inform the police in these ways, it will help get police protection.

If you do not have any witnesses, the facility of witness is also provided by us.

Where is a marriage registration certificate required?

  • Nowadays, marriage registration certificates are required almost everywhere when applying for a passport, opening a new bank account, or applying for a visa. Marriage registration and certification are also necessary for settling abroad after marriage.

Can court marriage registration be done online?

  • No, it is mandatory to appear before the marriage officer for registration; only marriage registration is possible.

Is parental approval necessary for court marriage?

  • No, provided you are an adult and the rules for court marriage have been followed.

To read this article in Hindi- Court Marriage 

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How to do a court marriage, and what documents are required for this?

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