legal formalities of court marriage
Deepak
(Querist) 01 November 2009
This query is : Resolved
Dear All,
Is anybody can tell me the legal formalities and proses about court marriage.
Thanks & regards
Deepak Gupta
A V Vishal
(Expert) 01 November 2009
The Special Marriage Act 1954 has outlined the following conditions with regards to the same:
Neither party should have a living spouse at the time of the marriage.
Both parties should be capable of giving valid consent to the wedding. There should be no mental or physical illness to the extent that the person is unfit for marriage. This includes severe epilepsy, insanity and other illnesses.
The bridegroom should be 21 years of age or above, and the bride 18 years of age or above.
The Marriage Act has stringent rules when it comes to marrying a blood relative. The marriage officer has a list of blood relations at hand, called the 'degrees of prohibited relationships', which is forbidden. In other words, as per the listing of the degrees of prohibited relationships, you may be forbidden from marrying your sibling, uncle, aunt and other such relations. This list even forbids marrying such relations if the party in question is adopted. If, however, the communal customs of the marriage parties in question allow for such a wedding, no objection can arise.
If the marriage is to be solemnised in Jammu and Kashmir, both parties should be Indian citizens. They should be domiciled in Indian territories only (not in Pakistan-occupied Kashmir).
The procedure for a civil ceremony is as follows:
First off, a notice has to be sent to the marriage officer of the district where either the bride or groom has resided for not less than 30 days subsequent to the submission of the notice. The format can be obtained from the office of the marriage Registrar.
This notice is then prominently posted on the marriage office premises. Within the next 30 days, anyone can object to the marriage. The reasons are then investigated and the case is decided upon by the District Court. Otherwise, the marriage may be solemnised anytime after the 30 day period.
On the actual day of the marriage, three witnesses have to be present. They have to sign a declaration made by both the bride and groom. In this letter, each party declares that they have fulfilled all the conditions required and are abiding by the law.
The marriage can take place either at the office of the marriage official, or at any other place requested by the parties involved. For this, an additional fee has to be paid.
If a marriage is not solemnised within three calendar months from the date on which notice has been given to the marriage officer, a new notice has to be issued. If an objection to the marriage is filed, the marriage officer has thirty days within which to uphold or dismiss the appeal. If he dismisses it, the marriage can be solemnised as scheduled; if the objection is upheld, the parties in question can appeal to the District Court. The Court's ruling in this regard is the final word.
Once the procedure is done with and you are declared husband and wife, the court does not object to solemnising the wedding in any other traditional way.
Deepak
(Querist) 01 November 2009
thanks a lot
Kiran Kumar
(Expert) 01 November 2009
Vishal ji has provided you the precise information in this context.
however if you file the procedure lengthy one then you may perform marriage according the religious rites and ceremonies and then get it registered in registrar's office....it is equally valid.
Dr.Anjani Kumar Vaidyasen,09431271130,Patna
(Expert) 01 November 2009
It is true that the procedure of marriage is same as Mr Vishal is dictated above but the validity of the registered marriage is also depended upon the hindu rites and the performance of such rites must be brought on records.As you belong to hindu custom and U/s 24 of the Hindu Marriage Act,which provides that the registration is of no effect the validity of registered marriage because section 15 of the act provides for a ceromoney of marriage which has been performed between the partiesand SAPTPADI is one of the essential ceromonies of Hindu Marriage and it should be recorded accordingly for the evidence of validity of the registered marriage.
Suhail suhail
(Expert) 01 November 2009
I agree with with Kiran,the most important thing in marriage is performance under one's governing law,be it hindu or muslim personal law.it is to be kept in mind to perform the mrraige as per one's religious,and then simply register it.The prime important thing is the age factor i.e. as has laid down by Mr. vashal that the bride should not be below the 18 years of age and the groom not less than 21 years of age.Though the rules differ from state to state or even in differant parts of same state due to traditional,customary,or other social factors,so the general concept of religious part i think can be guided by the concerned performer.
adv. rajeev ( rajoo )
(Expert) 01 November 2009
Court marriage is nothing but registration of marriage before the registrar of marriage. The Court Marriage is it self is wrong.
If the marriage is love marriage you have to file an application before the sub registrar( registrar of marriage)along with affidavit that they are major and there is no force from any body for this marriage. After verifing the affidavits registrar of marriage will take the signatures of both bride and bridegroom. This is marriage producedure. Certificate of marriag will be supplied after one month of marriage.Before supplying the marriage certificate the notice of marriage will be displayed in the notice board of the registrar office calling for the objections.
If already marriage is performed in the temple or somewhere you have to produce the chit issued bys the temple as proof of the marriage before the registrar of mmariage and you may submitt the application for registration of marriage.
Raj Kumar Makkad
(Expert) 01 November 2009
The opinion of Vishal and Rajeev is self explanatory.
Sachin Bhatia
(Expert) 02 November 2009
Mr.Vishal explained very well.
