Procedure of Court Marriage in Chandigarh
Court marriages cannot be conducted easily, especially if you are not fully aware of the procedure, eligibility, and documents required to make your marriage legalized. Along with the procedure it is also important that two parties correctly knows the Marriage Act under which the court marriage can be done. This article gives all the answers and the step-by-step procedure to accomplish a court marriage.
About the Law
Court Marriages take place under the Special Marriage Act, 1954. There is no need for any customary rituals to be followed which you may have seen during the traditional marriages. A court marriage takes placeunder the supervision of a Marriage officer and 3 additional witnesses. Provided with all the right documents and upholding the correct eligibilities valid in IPC.
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According to Special Marriage Act, two persons of different genders can go for court marriage. Both the person can be of the same religion or can belong to a different religion, different nationalities or different caste. The process is the same across the country. Special Marriage Act gives two persons the option to not get married as per the religious ceremonies and can opt for the court marriage under the Act of 1954.
What are the conditions to be looked for Court Marriage in Chandigarh?
As per Section 4 of Chapter II of this special act, there are the following conditions which are to be satisfied before applying for court marriage in India:
- Pre Existing Marriage-The persons should not be married already. Both persons are required to be unmarried.
- Proper Consent of parties– The parties are required to give proper consent of the marriage in the soundness of mind. The parties are required to speak their mind and should clarify that they are doing court marriage on their own wish.
- Valid marriage age– The bride must have crossed the age of 18 years and the bridegroom must have crossed 21 years of age for court marriage
- Fit for Procreation – The persons should be completely fit for the procreation of children.
- Degrees of Prohibited Relationships – Both the persons are required not to be in the degrees of prohibited relationships. There must be proper permission of marriage between the parties.
What are the steps to be followed for Court Marriage in Chandigarh?
There are different situations under which the court marriage in Chandigarh can take place. Let us understand the steps of how to apply for court marriage:
What to do if both parties come from the Hindu religion?
- In case both the parties are Hindu, the couple is required to file a notice of intention of marriage. The notice is required to be filed in the district court under whose jurisdiction the person has lived for 30 days prior to this notice.
- All the documents are then verified by Marriage Registrar.
- Once the notice is filed, the notice is then made public by the marriage registrar in order to invite any sort of objections.
- Further, the marriage then can be stepped forward if the registrar finds no objections put on the publicized notice of court marriage.
- The marriage is required to take place in a marriage office as per the act.
- In the presence of a marriage officer, three witnesses are also required to be present during the marriage along with both the parties.
Objection to Court Marriage
A marriage notice is filled by the parties and the registrar makes it public to invite any objections. If any person puts an objection on this notice within the publishing time of 30 days, then as per section 7 of the Special Marriage Act, the marriage registrar is required to investigate the matter. The marriage can be stopped if a marriage officer notices any valid reason for this marriage. The marriage process with proceeding the same intensity if no objection is made. If the marriage officer sustains the objection, both the parties can file an appeal against the registrar’s order the district court.
What are the documents required Court Marriage in Chandigarh?
The following documents are required for applying for Court marriage in Chandigarh as per the court marriage rule and regulation:
- Residence proof of both the parties
- Application form along with the fee
- 2 Passport size photos of both the couple
- Proof of age of both the couple (birth certificate)
- Proof of residence of both the couples
- If one of the parties is divorced, then divorce papers, or if the spouse of any party is no more, then death certificate is required.
What documents are required from the witness?
The three witnesses who are required to be present at the time of court marriage with both the parties are required to submit the following documents:
- One passport size photo (from each witness)
- PAN Card
- The ID of witnesses (Aadhar, DL, etc).
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What is the procedure of Court Marriage in India?
In India, before understanding how to apply for court marriage, let us first have a look at the following situations:
1. What to do if both spouses belong to different religions?
If both the parties belong to different religions, then it is known as civil contract as per the Special Marriage Act. There is no need to follow any religious ceremonies in this situation. One of the parties or both parties is required to be non-Hindus. However, the procedure of court marriage and the required documents are the same which have been mentioned above.
2.If one party is Indian national and the other party is a foreign national
In the situation of marriage between a foreign national and Indian has to take place in India, the marriage registrar India or a marriage officer in a foreign country solemnizes such marriage under the administration of court marriage advocate.
What are the eligibility criteria for such court marriage?
- One of the persons in both parties is required to be an Indian citizen.
- The age of the groom should be 21 and the bridge should be at least of 18b years old.
- Both parties should not be married previously.
- Both the parties are required to be in a sound state of mind.
- There should be no situation of prohibited degrees of relationship.
What are the documents required in this situation?
- Application form signed by both the persons
- Fees receipt paid with the application form
- Documents of age proof including birth certificates of both the persons
- Passport copy with valid visas for both the parties
- Evidence of stay in any district of India for at least 30 days (either of persons)
- NOC on marital status obtained from any of the concerned embassies or from any of the Indian consulates.
- Divorce papers or death certificate (whichever document is required as per the state of the former marriage of any of the persons)
How much fee is required to be paid by the applicant
- For the registration Rs. 25.00
- For search in any record relating to the current year Rs.10.00
- any other year or years Rs.15.00 for each such year.
- for a certified copy of any record from Marriage Registrar- Rs.15.00
- for registering a marriage outside the office of Marriage Officer upto a distance of 5 km from office Rs. 25.00
- Distance more than 5 km Rs. 5.00
What is the procedure to be followed in this situation?
- Both the parties are required to fill the specified form and need to submit to the Marriage Officer of the district wherein one of the parties who is getting married has lived for at least 30 days from the date of notice.
- The Marriage Registrar then will verify all the documents submitted by both the parties.
- A notice is then published in order to invite any objection over the court marriage.
- Court marriage then will take place in the presence of three witnesses. The Marriage Registrar then grants the Marriage Certificate to the parties.
- The marriage is then solemnized if the Marriage Registrar finds no objection over the notice published once the notice is expired.
This is how a Court Marriage Certificate looks like
The application shall be attested by any one of the following persons if any applicant is illiterate.
- A Village Gaon Burah
- Magistrate of any Class including as Honorary Magistrate
- A Government servant, whose salary is not less than Rs. 5000 per month
- A Government pensioner, whose pension is not less than Rs. 3,500 per month
- A member of Zila Parishad, a Panchayat Samithi or a Gram Panchayat
- Any person authorized to solemnize a marriage under the Special Marriage Act,1954
- A Medical Officer in a Government, a private medical practitioner holding a university diploma or degree recognized by the Government.
- A member of Parliament
Court Marriage in Chandigarh with the help of best advocate for Court Marriage
Court marriage avoids several problems. These days, young people prefer court marriage over customary marriage. However, court marriage has its own situations and circumstances.
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