What is the procedure for court marriage
Answers (2)
Steps for Court Marriage
1. Notice of Intended Marriage
2. Publication of Notice
3. Objections to Marriage
4. Signing of Declaration
5. Place of Marriage
6. Certificate of Marriage
COURT MARRIAGE PROCEDURE: STEP 1
Notice/Application of intended marriage
To be married in court, the marriage officer of the district must first be informed of the intention to marry.
Who must give notice?
A notice in writing is to be given by parties to the marriage.
To whom should the notice be given?
The notice is given to the marriage officer of the district in which at least one party must have stayed for 30 days immediately before the date when the notice is served. For example, if the male and female are in Delhi, but wish to marry in Jaipur. At least one of them must travel to Jaipur 30 days before the intended date and live there until the date of the marriage.
What is the format of the notice?
The notice must be as per the format provided in Schedule II of the act with documents attached as proof of age and residence.
NOTICE OF INTENDED MARRIAGE
To the Marriage Officer of the __________ District.
We hereby give you notice that a marriage under the Special Marriage Act, 1954, is intended to be solemnised between us within three calendar months from the date hereof.
Name: ____________
Condition: _____________
Occupation: _____________
Age: ________________
Dwelling place: ___________________________________________________________________
Length of residence: _______________________________________
Permanent place of residence: _____________________________________________________
Groom’s Name (Choose One):
1. Unmarried
2. Widower
3. Divorcee
Bride’s Name (Choose One):
1. Unmarried
2. Widow
3. Divorcee
Witness our hands this ____________ day of 20__
(Signed) Groom
(Signed) Bride
COURT MARRIAGE PROCEDURE: STEP 2
Publication of Notice
Who publishes the notice?
The marriage officer of the district to whom the notice has been served publishes the notice.
Where is the notice published?
At a conspicuous place in the office and one copy in the office of the district where the other party permanently resides (if any).
COURT MARRIAGE PROCEDURE: STEP 3
Objections to Marriage
Who can raise the objection?
Any person, of course! Any person can raise objections to the marriage based on the grounds listed in Chapter II, Section 4 of the Act (see above). If the objections have little to do with any of the factors mentioned above, then the objection will be of no consequence. However, in most cases, the marriage officer would need to examine the objection.
To whom objection is raised?
To the marriage officer of the concerned district.
What are the grounds of objection?
Any one of the conditions stated above and specified in Chapter II, Section 4 of the act.
What are the consequences if objection(s) are accepted?
The marriage officer must, within 30 days from the date of objection, make inquiries and if the objections are found to be true, the marriage cannot be solemnised.
What is the remedy in case objection(s) have been accepted?
An appeal can be filed by either party.
To whom is the appeal filed?
The district court within the local limits under the jurisdiction of the marriage officer.
When can an appeal be filed?
Any time within 30 days from the date of refusal to solemnise marriage.
COURT MARRIAGE PROCEDURE: STEP 4
Signing of the Declaration
Who has to sign the declaration?
Both parties and three witnesses (in the presence of the marriage officer). It will also be countersigned by the marriage officer.
What is the content and format of declaration?
It is as provided in Schedule III of the act.
DECLARATION TO BE MADE BY THE BRIDEGROOM
I, Name Here, hereby declare as follows:
1. I am, at the present time, ________ (unmarried, widower or divorcee, as the case may be).
2. I have completed ___ years of age.
3. I am not related to _____, the bride, within the degrees of prohibited relationship.
4. I am aware that if any statement in this declaration is false and if in making such statement I either know or believe it to be false or do not believe it to be true, I am liable to imprisonment and also to a fine.
Signed
___________
DECLARATION TO BE MADE BY THE BRIDE
I, Name Here, hereby declare as follows:
1. I am, at the present time, ________ (unmarried, widower or divorcee, as the case may be).
2. I have completed ___ years of age.
3. I am not related to _____, the bridegroom, within the degrees of prohibited relationship.
4. I am aware that if any statement in this declaration is false and if in making such statement I either know or believe it to be false or do not believe it to be true, I am liable to imprisonment and also to a fine.
Signed
___________
Signed in our presence by the above-named Groom Name and Bride Name. So far as we are aware, there is no lawful impediment to the marriage.
(Signed Witness 1)
(Signed Witness 2)
(Signed Witness 3)
(Countersigned Marriage Officer)
Dated: The ______ day of ______ 20__
COURT MARRIAGE PROCEDURE: STEP 5
Place of Marriage
Place of Marriage: Either the office of marriage officer or any other place within a reasonable distance can be the place of marriage.
Form of Marriage: Any form as the parties to the marriage choose but each party in presence of marriage officer will have to say:
“I, _______, take thee, ________, to be my lawful wife/husband.”
COURT MARRIAGE PROCEDURE: STEP 6
Certificate of Marriage
The marriage officer enters a certificate in the form specified in Schedule IV of the act in the marriage certificate book. If signed by both parties and three witnesses, such a certificate is conclusive evidence of the court marriage. The certificate of marriage is as follows:
CERTIFICATE OF MARRIAGE
I, Marriage Officer, hereby certify that on the ___ day of ____ 20__, groom and bride appeared before me and that each of them, in my presence and in the presence of three witnesses who have signed hereunder, made the declarations required by Section 11 and that a marriage under this Act was solemnised between them in my presence.
(Signed),
Marriage Officer for __________ District
(Signed Groom)
(Signed Bride)
This is the Court Marriage Procedure in India in 6 Easy Steps. Let us know if you have any further questions in the comments.
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For court marriage both boy and girl have to present with id proof before collectorate with an application for marraige ..after that collector will send notice to house of each party for any objection if made by parents ..after 30 days if no objection is made then both party again present with collectorate with two adult witness ...and marriage of court is done with tje registrar...
another method of marriage by arya samaj ,this method is suitable for those lover whose parents are not in favour of your becoming partner ..
This is also legal..both are valid..
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