What is the process of court marriage which is permanent and legally binding? Does it validate the marriage between two inter-religion people?
The procedure for court marriage is governed by the ‘Special Marriage Act, 1954’ and is common across the nation. Court marriage can be solemnized between two parties (belonging to the same or different nations) irrespective of their caste, religion, or race. The interested parties can directly apply to the Marriage Registrar to get the marriage certificate, which is now mandatory in India.
Documents required:
- Application form (notice in the form specified) duly filled and signed by the bride and the groom, in the District where one of them must have been a resident at least for 30 days.
- Documentary evidence of the date of birth of both the parties (matriculation certificate/ passport/ birth certificate)
- Receipt of fees paid for the application form in the District Court.
- Documentary evidence regarding the stay in Delhi of one of the parties for more than 30 days (ration card or report from the concerned Station House Officer).
- Separate affidavits from bride and groom giving- date of birth, present marital status (unmarried/widower/ divorcee).
- Affirmation that the parties are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act.
- Passport size photographs of both parties (2 copies each) duly attested by a gazetted officer.
- Copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.
Procedure-
Step 1: Submit a ‘Notice of Intended Marriage in the specified form in a prescribed manner to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for not less than 30 days immediately preceding the date on which such notice is given.
Step 2: The notice is then published/put up by the Registrar of Marriage inviting objections if any.
Step 3: After the expiration of 30 days from the date on which notice of intended marriage has been published, the marriage may be solemnized unless it has been objected to by any person.
Step 4: The marriage may be solemnized at the specified marriage office.
Step 5: Presence of 3 witnesses mandatory- Both parties along with three witnesses are required to be present on the date of registration/solemnization.
Conclusion- Special Marriages Act solemnizes a marriage irrespective of any race, caste, or religion. All you need to do is follow the prescribed manner to get your marriage registered in the presence of 3 witnesses and get your marriage certificate and you are good to go.
The procedure for court marriage is governed by the ‘Special Marriage Act, 1954’ and is common across the nation. Court marriage can be solemnized between two parties (belonging to the same or different nations) irrespective of their caste, religion, or race. The interested parties can directly apply to the Marriage Registrar to get the marriage certificate, which is now mandatory in India.
Documents required:
- Application form (notice in the form specified) duly filled and signed by the bride and the groom, in the District where one of them must have been a resident at least for 30 days.
- Documentary evidence of the date of birth of both the parties (matriculation certificate/ passport/ birth certificate)
- Receipt of fees paid for the application form in the District Court.
- Documentary evidence regarding the stay in Delhi of one of the parties for more than 30 days (ration card or report from the concerned Station House Officer).
- Separate affidavits from bride and groom giving- date of birth, present marital status (unmarried/widower/ divorcee).
- Affirmation that the parties are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act.
- Passport size photographs of both parties (2 copies each) duly attested by a gazetted officer.
- Copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.
Procedure-
Step 1: Submit a ‘Notice of Intended Marriage in the specified form in a prescribed manner to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for not less than 30 days immediately preceding the date on which such notice is given.
Step 2: The notice is then published/put up by the Registrar of Marriage inviting objections if any.
Step 3: After the expiration of 30 days from the date on which notice of intended marriage has been published, the marriage may be solemnized unless it has been objected to by any person.
Step 4: The marriage may be solemnized at the specified marriage office.
Step 5: Presence of 3 witnesses mandatory- Both parties along with three witnesses are required to be present on the date of registration/solemnization.
Conclusion- Special Marriages Act solemnizes a marriage irrespective of any race, caste, or religion. All you need to do is follow the prescribed manner to get your marriage registered in the presence of 3 witnesses and get your marriage certificate and you are good to go.
Read the aforestated judgment here:- https://main.sci.gov.in/supremecourt/2017/21068/21068_2017_Judgement_05-Oct-2017.pdf
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