Difference between Court Marriage and Registered Marriage

Difference between Court Marriage and Registered Marriage

How to do court marriage / registered marriage, where to do, what is the procedure, under which authority will police protection be provided?

If you love someone and want to get married with him/her but if your family members are against your marriage then you want to do Court Marriage or Registered Marriage. But you do not know how the court marriage and registered marriage will happen, where and what documents you need for court marriage and registered marriage, and what protection rights you will get after court marriage and registered marriage. Today you can know all these things through this article.

Are court marriage and registered marriage the same or different ?

 It has often been seen that the couple understands that both court marriage and registered marriage are the same, but they are not the same, marriage takes place in two ways, if the marriage is performed without customs. The marriage should be done in front of the officer, in which 30 days’ time is given and after 30 days, the certificate is issued by the marriage officer, it is called court marriage, if the marriage is done by all religions and customs, after applying to the registrar’s office, the proof that The certificate that is obtained is called Registered Marriage.

How to do Court Marriage?

If you want to do court marriage, then first of all you have to submit an application under the Special Marriage Act before the Marriage Officer , in which all the necessary documents and affidavits will have to be signed and submitted, after that the application will be accepted. After doing this, the report from the police station related to the permanent address of the bride and groom is pasted on the notice board of the tehsil and a copy on the notice board of the court. And the date is fixed for advance action for the filing of the application, only then the certificate is issued by the officer. At the time of giving marriage certificate a photographed should be clicked with marriage officer.

Requirements for court marriage:

Some conditions are  imposed by the Act for performing the  Court marriage

1. Unmarried of both the parties –

For court marriage, it is necessary that the bride and groom should be unmarried at the time of marriage, both of them have not married in the past, if done, then either of the wife or husband should not be alive at the time of marriage If he has died, then it will be mandatory to attach the death certificate.

2. Both the parties to be adults-

At the time of marriage, both the parties must be adults, the age of the groom is 21 years age of the bride and groom should be 18 years, if the age is not completed at the time of marriage then the marriage will not be valid.

3. Both the parties should be sound-mind at the time of marriage, neither of the bride and groom should be mad, both should be completely fine.

4. There should be mutual consent of both the parties – for marriage, both the parties agree among themselves, this consent should be free without any pressure.

How to do Registered Marriage: 

There are different websites for doing registered marriage in different states, on which by applying online (Public Data Entry) you can apply in your registrar office and register marriage in front of the registrar, all states have almost the same process, it is not necessary to do registered marriage should be done through an advocate, you can apply yourself for registered marriage after knowing the whole process.

The process of registered marriage is different from court marriage. In registered marriage, the first marriage is done according to the rituals or by the priest in the temple or by the molvi ji, after that both the parties apply online for the registered marriage. For registration, we apply in the registrar’s office, the registered marriage is done in a day, it is done sooner than the court marriage.

Where can I apply for Registered Marriage:

Three places can be applied for registered marriage in the registrar’s office, these places are as follows:

1.In the registrar’s office where the girl’s place of residence.

2.In the registrar’s office where the boy’s place of residence.

3..Where the boy and the girl have married.

All Mandatory Documents for Registered Marriage: 

Aadhar Card / Identity Card / Driving License of both the bride and groom
Marksheet of class 10th of both the bride and groom (High school marksheet)
Birth certificate of both the bride and groom
Passport size photograph of both bride and groom
Affidavit signed by both the bride and groom
Permanent residence certificate of both bride and groom
Aadhar Card/PAN Card/Driving License/Identity Card of two witnesses
Certificate / Nikahnama Rashid signed by Panditji
wedding card of bride and groom

If after court marriage or registered marriage, the bride and groom are afraid of making a false FIR by the family members, then what should be done for police protection?

if the family members of the bride’s side or the bride’s side are against your marriage and you are afraid that any false FIR can be given against you, then both the parties should go to the police station and submit an application and in which Affidavit should be attached, in which the marriage of both should be mentioned by mutual consent, it should be given to the officer in charge of the police station and along with the marriage certificate should also be attached,

if you are afraid that your life is in danger due to your marriage, you can also give an application for that in the police station. If you are far away from the police station, then you can send marriage certificate and application form by post duly signed and can also ask for protection from the police.

According to the decision passed by the Supreme Court, is it a fundamental right under the Constitution to do love marriage / court marriage / registered marriage?

In a famous case on 27 March 2018, a division bench of three Supreme Court judges Justice Dipak Misra, Justice DY Chandrachud, Justice AM Khan Bilkar said that if two adults can marry by mutual consent, the consent of the family members is not necessary. In another petition, the Supreme Court ruled that no third person can interfere in the marriage of two adults. In 2010, a petition was filed by a woman (Shaktivahani) demanding that the state government and If the central government should work to stop honor killing, how many people have been killed due to those who are against inter-religious marriage, then the Hon’ble Supreme Court has decided that a committee has been formed to provide security to the couples doing inter-caste or inter-religious marriages.

On 5 January 2019, the Rajasthan High Court, while considering a petition, also decided that protection should be provided to the couples doing love marriage, while on 9 March 2020, the Supreme Court also said through a petition that if there is any love marriage / Court marries/registered marriages and is of majority, then it is the duty of the police to provide security to that couple.

Is the right to choose a spouse a fundamental right? Is the right to choose a spouse a fundamental right ?

The right to choose a life partner is also a fundamental right, that is, this right is included in the right to life under Article 21 of the Constitution, so on violation of this, you can go to the High Court under Article 226 of the Constitution and the Supreme Court under Article 32 of the Constitution can file a petition.

 

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