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VickyUdaipur (dsfad)     07 September 2015

Court marriage in rajasthan : do i need to be physically pre

Both me and the girl I am getting married to lives in the same city in Rajasthan. However, I currently live outside the country and will not be able to be physically present in front of the registrar to submit the forms for court marriage (one month prior to the schedule date, which is Dec 1). However, she is there and can submit the forms. I plan to to reach India few days prior to the scheduled court marriage. Is that acceptable per India Court Marriage Laws, or do I also need to be present while submitting the forms one month prior the the scheduled marriage ? My marriage per hindu rituals is on 13th Dec. The reason why I want the court marriage done earlier is so that we can apply for her dependent visa at the earliest. 

Thank your for your advice.

Vicky

 



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 6 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     08 September 2015

 

 Registered/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 before the marriage officer 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 may even be 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 is to the individual parties 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.
 
THIS IS THE PROCEDURE,CAN THIS BE DONE WITH THE PRESENCE OF ONLY ONE PERSON.WHO ADVICED U IN THAT WAY.
 
 

advocatepassy@gmail.com 971794 (Advocate)     25 September 2015

Even in court marriage, presence of both is required for signing in the register.

ad (nil)     04 November 2015

Hello, I am planning for a court marriage at Hyderabad, Telangana. Upon reading the thread i have few queries:

1. Where shall i receive the form for joint application?

2. Is there any online portal for the application submission?

3. How can i avail office address of Marriage Officer?

4. Is it possible if we can propose a suitable date and timing for marriage to Marriage Officer?

5. How much cost (rough estimate) should be applicable for such marriage in a metro city like Hyderabad?

Please suggest.

ad (nil)     04 November 2015

SAINATH DEVALLA (LEGAL CONSULTANT)     05 November 2015

Visit some local lawyer and U get the required information.

1 Like

Mukesh sharma (job )     26 November 2015

if you want court marriage than you need to present in court both for sign in front of register 


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