Court Marriage Under Special Marriage Act 1954
A good life partner can make your life happy. Everyone needs a life partner who understands his felling, emotion, and thinking and before whom he/she can express himself. In our life we always in searching of a good friend, sometimes we are failed to found a single good friend in whole life, but without a good friend we can live but without a good life partner, we can’t live.
Why Court Marriage?
Court marriage is a way to perform the marriage when the couple can’t opt the way of cultural marriage due to any reason. Every couple has own reason some have a family issue,some are believe in simple marriage due to second marriage of the parties or less faith in rituals, avoiding so much gathering and many other reasons. But the main reason is when parents are not agreeing for the marriage. The court marriage would be performed under the Special marriage Act 1954. As per this Act if the parties doesn’t want to go with ritual marriage and customary marriage , can perform only signature marriage in presence of marriage officer and three witnesses.
Why Parents are not agreeing for marriage?
In every marriage, there are different-different reasons when parents are not agreeing for the marriage of the couple like due to inter-caste, age differences, inter-religion, Status reason, Profession reason, education, etc.
Is court marriage possible when parents are not agreeing for marriage?
After the refusal of the parents about the marriage, all the door are shut for the couple and only one question running in the mind NOW WHAT TO DO?
This question runs only in the mind of couples who are dying for each other and still willing to perform the marriage and everyone knows “Where there is will, there is a way”.
How Court Marriage perform under Special Marriage Act –
A couple has two choices to perform the marriage-
1.Perform the court marriage –
Court marriage will be Perform before the office of marriage officer. In Court marriage, firstly parties have to move application for the marriage in the office of marriage officer along with relevant documents and get the date for appearance of the parties before the marriage officer for first motion. and after the first motion date marriage officer issued the order of public notice in the newspaper.Here we specific clear that a gap between the date of applying for marriage and date of marriage is minimum one month (30 days). It is a compulsory provision by the law. after the completion of the 30 days ( when no objection is come from public) marriage officer called the parties for the second motion date and in the presence of the three witnesses, marriage solemnized by the marriage officer. A marriage officer issued a certificate to the couple under the section 13 of the Special marriage Act 1954 and make the entry of the certificate in the marriage register also. In Chandigarh power of marriage officer is given to the SDM and in districts of Punjab and Haryana, Deputy commissioner or Additional Deputy commissioner has the power to perform the court marriage.
2. Register the marriage after solemnizing the marriage.
The couple could perform the marriage in any temple or Gurudwara or chruch or mosque with the all rites in Chandigarh or where the party reside in simple manner in the presence of the witnesses and clicked the photograph of the performance of marriage. after that couple apply for the registration of marriage under the special marriage Act 1954 before the marriage officer along with photograph of the marriage. A marriage officer after receiving the application for the registration and follow the procedure prescribed by the Special marriage Act 1954 issued the certificate of registration of marriage under section 16 of the Act to the parties.
Essential condition for performing Court marriage or Registration of marriage under Special marriage Act –
The essential condition of Special marriage Act is either bride or bridegroom must be 30 days old resident of that place where they apply for performance of marriage or registration of marriage under the Special marriage Act 1954.
Advocateinchandigarh has huge experience in dealing with such cases. Advocateinchandigarh helping the couple to perform the marriage and filling the petition before the High Court Chandigarh for providing the accurate protection of life and liberty If they have a threat of life from the someone.