Court Marriage In Mohali
Every states have own style of work and they can adopt own style but no one can change the main aim of the work. Like this every state/district have different- different Performa of Court marriage. We are living in tricity Chandigarh, Panchkula and Mohali. We are here taking about Court Marriage in Mohali.
Court marriages are solemnized under the Special Marriage Act, 1954. Court marriage can be performed between any two people (male and female) irrespective of their caste, religion or creed. It can also be solemnized between an Indian and a foreigner. The procedure of the Court marriages does away with the rituals and ceremonies of the traditional marriages. The parties can directly apply to the Marriage officer for performance and grant of marriage certificate under Special Marriage Act 1954.
Condition for Court Marriage – Jurisdiction
As we describe above that Court marriages are solemnized under Special Marriage Act. Every state has duty to provide proper facility to their citizens so every state appointed an officer in the district for performance of marriage under Special Marriage Act. In some states this power is given to the SDM (Sub-Divisional Magistrate) and in Some States this Power to given DC( District Collector). Every SDM and DC can solemnize the marriage of the person who lives in his/her jurisdiction. For Example if you want to perform Court marriage in Mohali then bride or bridegroom (Any one) should be resident of the Mohali.( Any part of Mohali like Zirakpur, Derabassi, Baltna, Dhakuli, Lalru.)
DOCUMENTS REQUIRED FOR COURT MARRIAGE
- Application in the prescribed format with the prescribed fee
- Passport Size Photographs of Applicant( 5-5 each)
- Residential Proof of Applicant.( Bride or Bridegroom)
- Date of Birth Proof of Applicant.( 10th Mark-sheet, Pan Card)
- Identity Proof of Witnesses ( at least Three witnesses)
- Death certificate or divorce degree whichever is applicable, in case one of the parties had any marriages in the past.
ESSENTIAL CONDITIONS FOR COURT MARRIAGE –
- There should not be subsisting valid marriage of either of the parties with any other person.
- The bridegroom should be of twenty-one (21) years and bride should be of eighteen (18) years of age.
- The parties should not be of unsoundness of mind of such a nature as to be unable to give valid consent for the marriage, or suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and procreation of children, or has been subject to recurrent attacks of insanity.
- The parties should not fall within the degree of prohibited relationship.
Procedure of court Marriage In Mohali –
- The parties have to file a Notice of Intended Marriage in the specified form to the Marriage officer of the district in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given.
- The notice is then published in the newspaper for inviting objections, if any.
- After the expiration of 30 days from the date on which notice of intended marriage has been published, the marriage may be solemnized unless it has been objected by any person.
Role of Tehsildar in court marriage in Mohali –
In court marriage parties have to sworn an affidavit (individual) that information given by them in the application for marriage is true and correct and they didn’t hide anything from the office of marriage’s officer. That affidavit should be attested by the Tehsildar, without attestation of Tehsildar application of marriage could not move ahead.
Role of Suvidha center in court marriage –
Every state has own service provider like Sampark center in Chandigarh, Atal Kendra in Haryana and Suvidha center in Punjab. Marriage registration and court marriage in both type of procedure suvidha center has role. In Court marriage, Suvidha center mark a number to the affidavit of the applicants (Bride and bride groom) and save the details of the applicants in the system.
The marriage may be solemnized at the specified Marriage Office.
Both parties along with three witnesses are required to be present on the date of registration/Solemnization.