Mutual Divorce

Court Marriage Process in India

Court Marriage Process in India

The court marriage process in India is different from traditional marriage. No kind of tradition is followed that is practiced during a traditional wedding. In a court marriage, two people who are eligible to get married and fulfill all the court marriage rules can marry each other in the presence of three witnesses. A court marriage is valid in front of marriage officers and witnesses in the court. Court marriages will be registered under the Special Marriage Act of 1954.

For court marriage, two major persons of different genders who belong to different or the same religions can marry each other. Both people don’t need to be Indian nationals. They can also marry if one of the parties is a foreign national.

Rules of a Court Marriage in India
According to the Special Marriage Act of 1954, some rules and regulations need to be followed before getting a court marriage.

Both parties should not already be married at the time of the court marriage. Only the previous spouse is not alive, or divorce has been obtained from them and needs a death certificate or divorce decree from an honorable court.
Free consent for the court marriage should be given by both parties. Consent should not be taken when the person is insane, has an unsound mind, etc.
Both parties should be of marriageable age at the time of marriage.
Both parties should not be related to each other under the forbidden degrees of marriage. Marriage will only be solemnized if one of the party’s customs allows it, so make sure of the forbidden degrees.

What is a Notice for Court Marriage?
According to the Special Marriage Act, a notice has to be issued related to the marriage regarding the provisions for court marriage, and a written notice should be sent to the marriage officer with the interest of both parties to get married to each other. The notice should be sent to the respective office of the marriage officer according to the jurisdiction where any of the parties to a court marriage are residing for a minimum of 30 days before the sending of the notice. It is not necessary to send notice to any of your homes.

Declaration Form of both parties and witnesses
The declaration of the court marriage by the parties and witnesses Both parties and three witnesses should sign the court marriage form, stating that the marriage is happening with their free consent. The court marriage declaration form should be signed in the presence of the marriage officer, and after the declaration of both parties and three witnesses, the court marriage process will proceed to the next step.

Court Marriage Certificate
When the marriage is solemnized according to all the rules and regulations of the court marriage act, the marriage officer will complete the marriage certificate. The court marriage certificate is evidence of marriage after the signatures of parties and witnesses.

Do not think more if you think of solemnizing a court marriage and how to complete this process. Many online platforms will help you complete the court marriage process for you, and they will charge service fees. Also, you can contact us for more information at www.lawsathi.com

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