Court Marriage In India
A court marriage is a type of marriage performed between a couple in court in the presence of witnesses.
Court marriage can be performed by any individual of any caste, religion, or background. In court marriage, these castes and religions are immaterial.
In court marriages, no religious ceremonies are performed as in other marriages. Court marriage takes place in the presence of the marriage officer and witnesses which ensures that the legal framework and procedures are being carried out as established by the country’s laws and regulations.
Court marriage in India
Court marriage in India comes under the Special Marriage Act of 1954. This act allows the individuals to marry with their parents who cannot marry under their respective religious laws. This act allows individuals from different religious backgrounds to marry each other without conversation i.e. without changing their religion to another religion.
Thus, this Special Marriage Act of 1954 ensures the secular nature of the law in India, provides unity and harmony among various diversities of individuals, and tries to prevent biases.
Eligibility for Court Marriage
- The first criterion is the legal age of both individuals which must be 18 years old for the women and 21 years old for the men. This legal age of both individuals must be fulfilled to ensure that both individuals are mature enough to make their own decisions and must comply with their decisions.
- There must be a meeting of the minds of both individuals which means that the consent of both individuals must be present. If coercion or force is present or change consent is taken through any force or coercion then that marriage will not validate and will not take place.
- The soundness of mind of both individuals is a must as both individuals must be capable enough to understand the consequences of their actions and act according to that. As they will be only responsible for their actions
- Both individuals must not be already or previously married to another person at the time of the court marriage and if anyone is previously married then they must take divorce from their previous marriage or relationship.
Procedure for a court marriage
- Notice i.e. the application form should be given to the marriage officer before 30 days of the intended marriage by the parties i.e. bride and bridegroom. And any one of the parties must continuously reside for 30 days or more in the area where the court marriage is taking place.
- The notice will be affixed by the marriage officer in the conspicuous part of the office. Anyone having objection can object to the marriage within 30 days of the publication of the notice. If no objection is held then the marriage officer will perform the marriage of the parties after the expiry of 30 days.
- Anyone having objection can object the marriage within 30 days of the marriage. The objection must be on a legal basis and not on a personal basis. The person can submit his or her objection to the marriage officer and then the marriage officer will investigate the objection within 30 days of the receipt of the objection. If the marriage officer does not find any violation in the marriage then he will solemnize the marriage.
- When the objection is dismissed or there is no objection then the parties to the marriage must appear before the court and submit the declaration. The parties and the three witnesses will submit these declaration. The marriage officer will also countersign the declaration.
- The marriage will then take place either in the office of the marriage officer or at any place where the parties may adopt for the marriage but at a reasonable distance. For the other place of the solemnization of the marriage, additional fees will be charged.
- The marriage officer will then give the marriage certificate after the solemnization of the marriage. The parties and the three witnesses will sign the marriage certificate. This marriage will act as evidence of the marriage of the parties. The marriage officer will then enter the details of the marriage certificate book.
Advantages of Court Marriage
- Economical and budget friendly marriage
- Presence of the consent of both the parties to the marriage
- No extra expenses of marriage rituals and ceremonies and also saves time
- Parties can solemnize their marriage in any way they want.
Documents required for the Court Marriage
- Separate affidavits of both bride and bridegroom which must contain
- Date of birth
- Martial status
- Affirmation that the parties are not connected to any prohibited relationship from each other
- Passport size photo of both bride and groom
- Residential proof of both the parties
- Copy of the notice of the intended marriage
- Copy of divorce documents in case divorce from the previous spouse
- Copy of death certificate in case of death of previous spouse
- Proof of date of birth of both the parties
Documents required for the witnesses
- Passport size photo of all three witnesses
- Copy of PAN card of all three witnesses
- Copy of identity proof of all three witnesses
By
Tanisha Tarun
Chandigarh University
