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What Is The Procedure Of Court Marriages In India?
Oct
16
2009
One of my friend is coming to India (from UK) to get marry. However he prefers Court Marriage. Can anyone here who been through the “Indian Court Marriage” procedure will explain in steps the whole process? I mean what do they ask? Does he need any certificate from any religious institution? Also, there nationality is Indian. However the guy is living in UK for the last 4-5 years.
Many thanks.
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Answer #2
They will need the residence proofs of both. copy of passport from both of them.
wedding pictures as a proof of wedding cerem,ony, and a joint picture of both(passport size idk hopw many ).And ofcourse the witnesses and parents of bride and bridegroom.
They will have to fill out the application form and will submit it to registrar hindu marriage act. They will tell them next procedure.
They will be then asked a couple of simple questions one or two..then the concerned higner authority will sign marriage certificate, whole process will take less than a week.
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Answer #1
Court marriage as you call it is solemnized under the Special Marriage Act, 1954 all such marriages can take place between any two Indian citizens as well one Indian citizen with a foreigner irrespective of their religion, caste or creed, and you can say this is the secular form of marriage available in our country. Such a marriage is solemnized before the marriage officer/registrar usually D.C. deputy commissioner of the area /SDM where both or any of the parties to such a marriage reside permanently or for at least one month. Cost of such a marriage as the rate prevalent in your area. Now how you proceed? Both the parties to the marriage file a joint application/notice before the marriage officer (in person no proxy allowed) along with individual affidavit attested by notary public specifying the age(boy 21yrs &girl 18yrs), place of residence, marital status(unmarried or divorcee as the case maybe), mental status(not idiot or not with unfit mind), not related to each other. Along with this you have to give proof of age (School certificate, Passport, Pan card), proof of residence (Passport, ration card, voters ID card, rent agreement) & the application/notice of such a marriage maybe asked to be witnessed by 3 independent adult persons, affix one photograph of each of the parties & all the 3 witnesses. You have made such an application/notice to the marriage officer in person along with all the 3 witnesses. On receiving such an application/notice the marriage officer issues a month notice regarding the intended marriage & get such a notice affixed on the notice board out side his office, a copy of such notice is sent to the marriage officer under whose jurisdiction the other party lives, also a copy of the notice may be sent to the individual party’s address. After expiry of the period of notice a date is fixed on which all the persons parties to the marriage & 3 witnesses appear again before the marriage officer who declare them married & issue a certificate to this regard. Incase of any objections raised the marriage officer will settle these objections. Now what can be objections that can be raised? These can ONLY BE REGARDING THE CONDITIONS NECESSARY FOR SUCH MARIAGE & NOTHING ELSE. What are the conditions? As I stated above i.e. Age, martial status, mental status, prohibited relationship (related to each other by blood). This is the brief & general procedures I have told you here. It’s always better to engage a lawyer to get such marriage solemnized to avoid any legal impediments which he will be able to handle.