Procedure of Court Marriage in Mohali
The Special Marriage Act, 1954 was enacted to provide for a special form of marriage for the people of India and all 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. It is clear that for solemnization of marriage under the special marriage Act, it is not necessary that either one of the parties or both the parties should be the citizen of India. In other words, marriage under special marriage Act may be solemnized between two citizen of India or two foreigners or between a citizen and a foreigner.
Condition for moving the application for court marriage in Mohali
At least one of the parties to the marriage must have been residing within jurisdiction of the Marriage officer’s district for a period of not less than 30 days preceding the date of the notice. Where none of the parties resided within the territorial jurisdiction of the marriage officer who gave the certificate of marriage, the marriage between the parties was void.
So if you move application/ think about the performance for court marriage in Mohali, either boy or girl should be resident of the Mohali.
Who can apply for Court marriage in Mohali –
The Act is applicable to the below mentioned persons:-
- Any person belongs to any religion and caste who lived in Mohali
- Hindus, Muslims, Buddhists, Jains, Sikhs, Christians, Parsis, or Jews can also perform marriage under the Special Marriage Act, 1954. Whose rising in Mohali
- Inter-religion marriages are performed under this Act.
- Indian national living abroad belong to Mohali
Essential condition for performing Court marriage under Special marriage Act –
- Since marriage solemnization under the Special Marriage Act, 1954 may be a civil contract, in the special Court marriage no rituals or ceremonial requirements.
- Neither party has a spouse living;
- Neither party is incapable of giving a legitimate consent thereto in consequence of unsoundness of mind; or though capable of giving a legitimate consent, has been affected by mental disorder of such a sort or to such an extent on be unfit for marriage and therefore the procreation of children; or has been subject to recurrent attacks of insanity
- Male has completed the age of twenty-one years and therefore the female the age of eighteen years;
- Parties aren’t within the degrees of prohibited relationship except in cases where the custom allows
Notice issued by the Marriage officer of Mohali–
On the first appearance before the Marriage officer of Mohali, Marriage officer examine the documents and marks the presence of the parties. After that Marriage officer issued a notice for the publication with the purpose to obtain any objection from the public.
The sole purpose of publication is to find out the truth i.e. the information given by the parties and marital status of the parties is correct and nothing hides before the marriage officer. As per the Act the Marriage officer affix the notice in his office and copy of notice to be transmitted within whose limits where such parties permanent residing.
Objection to marriage
- Any person from public, before the completion of thirty days from the date on which any such notice has been published, put the objection to the marriage on the ground that it would contravene one or more of the conditions specified in section 4.
- After the completion of 30 days from the date on which notice of an intended marriage has been published, the marriage may be solemnized, unless it has been previously objected.
- The reason of the objection shall be recorded in writing by the Marriage Officer in his office record, read over to the person making the objection and shall be signed by him or on his behalf.
An oath ceremony is performed according to Special Marriage Act-1954 before the Marriage officer in the presence of three witnesses. Thereafter a court marriage certificate is issued by the Marriage officer.