Object Of Court marriage
Marriage is “legal stamp of two persons in a relationship recognized by law. For Marriage, age of Female should be 18 years or above and males should be age of 21 years or above.
Court Marriage is the term which indicates the legalization of marriage. To be more specific, Court Marriage means solemnization of marriage by legal way between two people belonging to two different religions, according to the Special Marriage Act 1954. Even those who belong to same religion may also choose court marriage. So, Court marriage means getting married in court which makes that marriage legal. The Special Marriage Act, 1954 was enacted to provide for a special way of marriage for the Citizen of India along with Indian nationals in foreign countries, irrespective of the religion or faith followed by either party. Marriages solemnized under the Special Marriage Act are not governed by personal laws.
Object of Special Marriage Act 1954 –
The main object of Special Marriage Act 1954 is providing a common way to perform the marriage to all citizens of India and India nationality person without effected their religion, caste and creed.
- Non-performance of ritual –
Under Special Marriage Act, marriage will be performing with very simple way. If the party does want to perform any ritual (due to any reason) then they must go with Special marriage Act 1954. Under this Act, the parties have to take an Oath before the marriage officer and witness that they will live together and take the responsibilities of each other.
- One month Notice Period –
Most of couple thought that court marriage is the shortest way of performing the marriage so why they would wait for one month to perform the marriage. In fact, the purpose of issuing notice of one month, verify the content of the application and details of the parties and also verify that no one cheat with other by hiding any details. Like sometimes party hide their past marriage or even living spouse for performing the marriage. In this one month marriage officer check everything by police verification.
- Publication –
Publication in the newspaper is another mandatory condition of Special Marriage Act 1954. Publication in the newspaper is another way to call the objection regarding to marriage from the concern people of the parties. If any party of marriage any living spouse at that time, after seeing publication in newspaper he/she must raise objection before the marriage officer. Publication is also a way to stop cheating if anyone does with each other.
- Jurisdiction –
Most important thing of Special Marriage Act is Jurisdiction. You cannot perform the marriage anywhere under this Act. The Place of residence and length of residence of the applicant is the very important factor. For example if the applicant(either bride or bridegroom)resident of part of Punjab but due any reason they have to residing some other place of country and have any documents regarding that. Then they can perform court marriage both places either in Punjab or other place where they residing. (Note-Duration of residing at least 30 days old with proof).
Marriage Certificate –
Once the marriage is solemnized, the Marriage Officer will enter a certificate of the marriage that took place in the Marriage Certificate Book. This marriage certificate is to be signed by the married couple, their three witnesses as well as the Marriage Officer. This marriage certificate is conclusive evidence of a court marriage in India.
New notice when marriage is not solemnized within three months –
If the proposed marriage is not solemnized within a period of three calendar months from the date on which the marriage notice was given, the marriage proceedings will be taken as having lapsed. If the same parties still want to marry a fresh notice will have to be sent. In cases where solemnization of marriage was prevented by the Marriage Officer, resulting in an appeal filed by the parties intending to marry and the decision of such an appeal being given in favor of the parties by the district court, then this period of three months will be calculated from the date on which such decision was pronounced.