What Is The Complete Process Of Special Marriage Act ?

Court marriages in India have been provided under Special Marriage Act, 1954. Unlike marriage solemnised as per one’s customs, court marriages could be done in a simple manner without any pomp or show, in the presence of three witnesses only.

One could apply for court marriage irrespective of each other’s religion, caste or place of birth. However, certain conditions have also been applied by the legislature for the parties to register for marriage.

Who is eligible ?

Two persons belonging to different genders, from different castes, religions, places etc. could marry through the Court.

Various conditions are required to be fulfilled by two persons to register for court marriage in Noida-

• No pre-existing marriage should be there for the parties applying for court marriage, even if there was, there must be no living spouse, i.e.the applicant for a court marriage must be either a divorcee or a widower/widow if they were married previously at the time of the court marriage.

• The male must be at the time of applying for court marriage at least 21 years old, while the girl must be 18 years old or above.

• The parties filing for court marriage must not fall within the degrees of prohibited relationship. Provided that the customs governing either of the parties permit so.

Documents required:

• Application form must be filled and signed by the parties

• Receipt of the fees paid for the application form should be attached as well

• Documents proving the date of birth of the parties to the marriage.

• Documentary evidence proving that either of the parties to the marriage have been staying in the area under the jurisdiction of the marriage officer for a period of more than 30 days while applying for the court marriage.

• Affidavits from both parties related to-

• Date of birth

• Present marital status of the parties i.e. if they are unmarried, divorcee or widow/er

• Affirmation from parties to the marriage that they do not fall within the degrees of prohibited relationship as provided under the Act the Act.

• Passport size photos of the parties to the which should be duly attested by a gazetted officer.

Procedure for the Court Marriage-

As has been mentioned under Chapter II titled as “solemnization of special marriages”, the procedure for court marriage in Lucknow could be understood as-

• Notice for the intended marriage

• As provided under Section 5 of the Act, a notice is required to be given to the marriage officer. The parties should provide the notice in writing and in the form prescribed in the Second Schedule to the Marriage officer.

• The marriage officer so mentioned, must have jurisdiction over the area where at least one of the parties to the marriage have been residing for a period not than 1 month.

• Publication

• The notice would then be published in some inconspicuous part of the office of the Marriage Officer.

• All true copies of the notices would then be kept in the Marriage Notice Book.

• If the parties to the marriage do not reside in the area under the jurisdiction of the Marriage Officer then he would send the copies of the notice to be published in the office of the marriage officer under whose jurisdiction either of parties to the marriage have been staying for a period not less than 30 days.

• Objection

• Mentioned under Section 7 of the Act, any person can raise an objection to such notice of marriage published in the office of the registrar. The objection must be raised on the basis of the grounds provided under Section 7 of the Act.

• It should be raised within a period of 30 days of the publication of the notice of marriage

• The objection raised would be then recorded in the Marriage Notice Book by the Marriage Registrar.

• Mentioned under Section 8 of the Act of 1954, the marriage officer would have a period of 30 days to enquire about the validity of such objections raised.

• The marriage would be solemnised in case the objection raised was found to be in valid.

• But if the objection raised was found to be valid by the Marriage officer then the marriage won’t be solemnised in the court. The decision of the matter officer could also be taken into appeal before the District Court by the parties concerned.

• Place of solemnisation

• As provided under Section 12 of the Act, court marriage could be solemnised at the office of the Marriage officer or at a place within a reasonable distance.

• Marriage would be valid if both parties in the presence of the marriage officer affirm that they are ready to get married to the other party in the presence of three witnesses.

• Certificate of marriage

• The names, signatures, and marriage date of the parties, witnesses, and marriage officiant would appear on the marriage certificate that was issued.

Conclusion

As could be understood from the above discussion, the court marriage process requires various documents to be submitted as well as a number of other procedures are required to be followed. Thus, if you wish to apply for court marriage in Delhi, you may contact an experienced court marriage lawyer.

If you wish to seek legal guidance or further information on the procedure for the court marriage or wish to talk to a lawyer or seek free legal advice for any matter related to the civil or criminal, you may contact us at Lead India.

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