CAN COURT MARRIAGE BE DONE AT HOME?

Court Marriage In Patna or in any other place in India, unlike the traditional practices or customs of the parties involved, is done in accordance with the provisions of the Special Marriage Act, 1954.

As is provided under the Section 12 of the Special Marriage Act, 1954, the marriage could be solemnized at the office of the Marriage Officer, or it could also be solemnized at another place, which is at a reasonable distance as the parties desire, however additional fees has to prescribed in such a case.

 

Who is eligible?

Two persons of different genders, belonging to any caste, religion, place, etc. can marry through the Court. 

Certain conditions which are required to be fulfilled are- 

· No pre-existing marriage should be in continuation for the parties desiring to file for court marriage. Even if they were previously married, at the time of filing of the notice, they shall be divorced or widowed as per their circumstances.

· The age of male as prescribed by the law is 21 years old, while for females the required age is above 18 years old.

· The parties applying for Court Marriage In Mumbai or any other part of the country shall not be within the degrees of prohibited relationship. Provided the customs of at least one of the parties provide so 

Procedure for Court Marriage- 

As is provided under the Chapter II of the Act titled “solemnization of special Marriages”, the court marriage procedure could be counted as follows- 

· Notice - Section 5 of the Act, provides that a notice has to be given to the marriage officer. The parties have to provide the notice in writing as is provided in the Second Schedule to the Marriage Officer. The Marriage Officer shall have jurisdiction over the area where at least one of the parties has resided for a period not less than 30 days. For example, for Court Marriage, at least one of the parties should be residing in the area which comes under the jurisdiction of the Marriage officer in Delhi.

 

Required Documents- 

1. Application form duly filled and signed by the parties.

2. Receipt of the fees paid for the application form

3. Evidence of date of birth

4. Evidence proving the stay in the area under the jurisdiction of the marriage officer.

5. Affidavits to be produced by both parties separately- 

· Date of birth

· Present marital status

· Affirmation stating that the parties are not within the prohibited relationship.

Passport size photos of both parties duly attested.

 

· Publication of the Notice- 

The marriage officer shall publish the notice in some inconspicuous part of his office.

All true copies are to be kept in the Marriage Notice Book.

If the parties are not from the area under the jurisdiction of the marriage officer, then he shall forward the notice to the Marriage Officer under whose jurisdiction the area of residence of one of the parties falls.

 

· Objection-

· Section 7 of the Act provides that an objection can be raised against such notice for marriage on the grounds provided in the Act. 

· Such objections shall be raised within 30 days of the publication.

· The objection is to be noticed in the marriage notice book.

· Under Section 8, within a period of 30 days from the day the notice was raised, the marriage officer has to enquire about the validity of the objection raised. 

· If the objection raised is found valid by the officer, he shall dismiss the application for Court Marriage In Delhi, in such case, the parties can challenge such decision in the district court. 

· If the objection raised is found to be false, then the marriage shall continue as was intended.

 

· Certificate of marriage- 

The marriage certificate issued shall contain the name of the parties, witnesses, and the marriage officer as well as their signatures, including the date of marriage. Such a marriage certificate would be conclusive evidence of the solemnization of the marriage and no other proof is necessary.

For the marriage to be solemnized by the marriage officer the presence of both the parties is necessary and the parties are required to state that they are marrying of their free will. Thus, the physical presence of parties before the marriage officer is necessary. 

Lead India provides a team of experienced advocates, who could provide proper legal guidance as well as assistance while following the procedure for the court marriage. 

 

SOURCE

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