Information of court marriage

Published: 05th January 2012
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Court Marriage is a civil contract, and hence, there are no rites or ceremonial requirements. As per law - The parties have to file Notice of Intended Marriage in the specified form to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given; Practically Marriage Registrars only accepts application from marrying persons in which case at least one of the parties has residence proof of the place of his jurisdiction.

A marriage in India is required to be registered in most of the cases. The state governments have or are planning to make the registration of marriage compulsory in all the cases. A marriage certificate is also required in most cases for visa purposes. Moreover, the Indian Special Marriage Act, 1954, which applies to all citizens irrespective of their religion, requires the registration of marriages by a marriage officer. The Indian Christian Marriage Act, 1872, makes the registration compulsory, as it provides for entry in a marriage register kept in the Church soon after the marriage ceremony along with the signatures of the bride and bridegroom.

Any person may file objection to the marriage on the ground that it would contravene one or more of the conditions of marriage before the expiration of thirty days from the date on which any such notice has been published. After the expiration of thirty days from the date on which notice of an intended marriage has been published, the marriage may be performed and registered by the marriage registrar, unless it has been previously objected to by any person.
Condition for the Court Marriage Act:

The Act mentions that a marriage between two persons can be legally recognized, if the following circumstances are satisfied at the time of marriage:
Neither of the two parties should have a spouse living at the time of marriage.

Neither of the two should be incapable of giving a suitable consent to the marriage due to unsoundness of mind.
Neither of the party should suffer from mental disorder of such a kind or to such an extent that is unfit for marriages and the procreation of children.
Neither party should have been subjected to repeated attacks of epilepsy or insanity.

At the time of marriage the groom should attain the age of 21 years and the bride should be of 18 years of age.

Both the parties should not come within the degrees of prohibited relationship; provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship.


Marriage in India under the Special Marriage Act

The Indian Special Marriage Act 1954 allows marriages between persons who are not of the same community or who have different religions or nationalities. The range of the Act includes the entire territory of India and extends to would be spouses who are both Indian nationals living in foreign lands.

Prior to the solemnization of the Court Marriage, the parties and three witnesses must sign a declaration in the presence of a marriage officer, who will also sign the document. The Court Marriage will be solemnized in any structure that the parties wish to adopt as long as the solemnization occurs at the marriage officer`s office or any place that the marriage administrator sanctions. The three witnesses must countersign the certificate. The entry of the certificate in the book is supposed to be conclusive evidence of a lawful marriage.

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