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Procedure of Court Marriage in Chandigarh

Procedure of Court Marriage in Chandigarh

If you are a native of India and in love with a person, you might not enjoy the support of your family for your marriage or may face stiff opposition. It might also be the case that your love belongs to a different caste, religion or nationality.

In such cases, marriage becomes difficult, but not impossible- the Special Marriage Act 1954 comes to your rescue. This provision is also called as Court marriage.

Court marriage is one, which is solemnized between persons of different nationalities, religions or castes. It operates in the marriage between two Indian nationals or a foreign national with an Indian national.

Conditions for Court marriage in Chandigarh:

  • Either person must not be married to any other living person (must be monogamous)
  • The bridegroom must have attained the age of 21 and the bride must be of 18
  • Anyone must not be of unsound mind or suffer from bouts of insanity.
  • The couple must not be within degrees of prohibited relationship.

Procedure for Court marriage in Chandigarh:

If both parties are Hindus:

  • A notice for the intention of marriage must be filed by the couple in the district court where one person has resided for 30 days prior to the notice.
  • The registrar for marriages then publicizes the notice to attract any objections.
  • If no objections have been raised within one month of publicizing notice, the marriage can be solemnized.
  • The wedding must be conducted at a particular marriage office.
  • Both parties and three witnesses are required to be present at the solemnization of marriage.

Documents required:

  •  Residence proof of the couple.
  •  Application form in the necessary format along with the required fee.
  • Photos of the couple in passport size.
  • Date of birth proofs of the couple
  • Residential proof and PAN cards of the three witnesses.
  • Death certificate or divorce papers related to another former spouse.

When Spouses are of different Religions:

According to the Special Marriage Act, when spouses are from different religions, it is a civil contract. It does not require religious ceremonies. The procedure is invoked when either spouse or both spouses are not Hindus. Procedure and Documents required are the same.

When one Spouse is an Indian national and the other a Foreign national is:

As per the advice of advocate for court marriage, such a marriage can be solemnized by an Indian marriage registrar or a marriage officer in a foreign country.

Eligibility for such a marriage:

  • One person must be a citizen of India.
  • The bride must have attained 18 years of age and the groom 21 years.
  • Neither party must have another existing spouse.
  • Either part should not have another valid marriage.
  • Neither party must be an idiot or a lunatic.
  • The couple must not be within prohibited degrees of relationship.

Additional documents required:

  • Application signed duly by the parties.
  • Evidence in documents of the date of birth of the parties.
  • Passport Copy of the parties with valid visas.
  • Proof of residence of both parties.
  • Evidence of stay of more than 30 days in any district in India of either one party.
  • No objection certificate on the marital status from concerned embassies or the Indian consulate.
  • Divorce decree or death certificate whichever is applicable regarding the former marriage of any party.

Procedure:

  • The parties to the marriage shall give notice in writing in the form specified, 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, and the notice shall state that the party has so resided.
  • All the documents are verified at the Office of Marriage Registrar.
  • The law of other nation shall not be in conflict with Indian laws.
  • The notice is then published inviting objection to the marriage if any.
  • The marriage shall be solemnized in the presence of at least three witnesses. Further, the Marriage Certificate is entered and is granted by the Marriage Registrar.
  • If no objection is made, then, on the expiry of the notice publishing period, the marriage may be solemnized.

A Sample of Court Marriage Certificate

Court marriage in Chandigarh with the help of the best advocate for court marriage:

We have a huge experience in dealing with such cases. We at Advocateinchandigarh is helping the couple to perform the court marriage and procure the marriage registration certificate from the registrar on the same day.

If you would like to contact us for any query, please call us at 9914328749 or email us using advhighcourt14@gmail.com

 

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