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Difference Between Notary Marriage And Court Marriage

  • Writer: lead India
    lead India
  • Jun 22, 2023
  • 3 min read

Court Marriages Are Permitted In India Under The Special Marriage Act Of 1954. A Court Marriage Is Required To Be Solemnized In The Presence Of A Court Marriage Officer And Three Witnesses. The Special Marriage Act Of 1954 Allows For Court Weddings In India. Court Marriages In Ahmedabad Or Any Other City Could Also Be Solemnized Between An Indian And A Foreigner. In The Following Article, We Are Going To Discuss The Court Marriage Procedure In Noida As Well As In India.


Conditions For Court Marriage As Provided By The Act

  • The Parties To The Court Marriage Should Not Be Having A Living Spouse. The Couple Can Proceed With The Court Marriage If Either Of The Parties Is A Divorcee Or Widow/Er.

  • The Parties Should Have Given Their Free Consent To The Marriage, Which Means That Neither Of The Parties Should Be Suffering From Unsound Mind Or Any Other Similar Mental Problem

  • The Legal Age Of Marriage In India For The Groom Is 21 Years Old While The Bride Should Be Above 18 Years Of Age

  • The Parties Shall Not Fall Within The Degrees Of Prohibited Relationship As Provided By The Law, Except Their Custom Allows So.

Documents Required-

  • Marriage Application Duly Filled And Signed By Both Parties

  • Residential Address Proof

  • Receipt For The Fee Paid

  • Copy Of Divorce Decree Or Death Certificate In Case Either Of The Parties Is A Divorcee Or A Widow/Er Respectively

  • Passport Size Photograph Of The Bride And Groom

  • Age Proof Of The Parties

  • Affidavit Signed By The Parties Confirming That They Do Not Fall Under The Degrees Of Prohibited Relationship

Procedure For Court Marriage

  • Notice- A Notice Is Required To Be Submitted Before The Marriage Officer Under Whose Jurisdiction Either Of The Parties Has Been Staying For A Minimum Period Of 30 Days. Afterwards The Notice Shall Be Published By The Marriage Officer In His Office In Such A Way That It Is Clearly Visible To The Public.

  • Objection To The Marriage- An Objection To Such Notice Could Be Raised Within A Period Of 30 Days From The Day The It Was Published, Based On The Grounds Provided By The Act.

  • Declaration By Parties And The Witnesses- Before The Marriage Is Solemnised, The Court Marriage Application Form Is Required To Be Signed By The Couple, In The Presence Of Witnesses, Declaring Their Intention To Marry With Their Free Consent.

  • Marriage Certificate- After The Marriage Has Been Solemnised, As Per The Rules And Regulations Of The Special Marriage Act, The Details Of The Parties Would Be Added In The Marriage Register By The Marriage Registrar And A Marriage Certificate Will Be Issued. This Certificate Of The Court Marriage Is A Proof Of A Valid Marriage Between The Parties.

Notary Marriage

According To The Judgment Of The Orissa High Court, A Notary Marriage Is Not A Legitimate Marriage, Nor Is The Marriage Certificate Given By A Notary, But You Are Advised To Declare The Stated Marriage Dissolved In Order To Avoid Future Disputes.


Conclusion

The Provision For Marriage Between An Indian And A Foreign National Is Provided Under The Foreign Marriage Act, 1969, Which Is Known As A Civil Marriage. The Procedure For Court Marriage Is Absolutely Similar To The Procedure Mentioned Under The Special Marriage Act, 1954. To Seek Advice For Court Marriage Procedures In Noida Or Any Other City, You May Contact An Experienced Advocate In Your City. Lead India Offers You A Wide Pool Of Experienced Advocates Who Have Been Assisting Couples Who Are Interested In Having Their Marriages Solemnized Through The Courts. If You Wish To Seek Free Legal Advice Online Or talk To A Lawyer, You May Contact Us.


Call Us: +91–8800788535

Email: care@leadindia.law



 
 
 

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