What is the procedure to do court marriage

Procedure of Court Marriage and documents required. Would need complete details on it. Also can lawyer help in arranging witnesses if we dont have sufficient people with us. Religion - Hindu

Answers (2)

79 votes

Is it a marriage between two Hindus or of different religions
You may approach the Registrar if marriages of your place fill up the necessary forms furnishing the details as per the columns in the form and submit it to the registrar, who will guide you about the next steps

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180 votes

Individuals from any religion can opt for a court marriage. You can belong to the same religion or two different religions. It does not affect the process of court marriage.

Indian laws still do not allow same sex marriages. So, the marriage can take place only between a male and a female.

Moreover, the law says that any two persons can get married under this act. The condition is they should fulfill the eligibility criteria. This means that it is not compulsory to be an Indian citizen for getting married under this Act.

Both the bride and the groom must fulfill the following conditions.

They should not have a living husband/wife at the time of marriage.
They should not be incapable of giving consent due to unsound mind.
Even if they can give consent, they should not have a mental disorder which makes them unfit for marriage or having children.
They must not suffer from insanity or epilepsy.
The bride should be at least 18 years old and the groom at least 21.
Both parties must not be within prohibited relationship with each other.

Even if you are within degrees of prohibited relationship, you can get married if your custom allows you to do so. This exception will apply even when the customs of only one of the parties allow such marriage.

The second exception is the citizenship rule for court marriages in Jammu & Kashmir. If the marriage is taking place in the state of J & K, then both parties must be citizens of India. Moreover, both parties should have domicile in a state to which this act applies. This means that foreign nationals cannot get married in Jammu & Kashmir under this Act.

There is another condition for foreigners. They must live in India for at least 30 days before the marriage. They can get a proof of residence from their local police station.

Process of court marriage in 5 steps
Court marriage in India takes place in 5 steps.

Step 1: Notice of marriage
The first step is to give a notice of marriage to the marriage officer. The couple needs to give notice to the marriage officer of the district where at least one of them is residing for 30 days before giving notice.

notice of marriage
Step 2: Publishing of notice and compulsory waiting period
The marriage officer will display the notice in his office at a place where it is visible.

He also needs to forward the notice to the district of each party’s permanent residence.

After display of the notice in the above manner, the compulsory waiting period of 30 days begins. Anyone can object to the marriage within this period. But, the objection should be as per the Act and the eligibility conditions. Any person who believes that the marriage violates one or more eligibility conditions can object to it. But, not otherwise. So, if a person objects to your marriage due to some other reason, he has no legal basis of doing so.

If there is no objection to the marriage within 30 days of publishing the above notice, the marriage officer can perform the marriage.

Step 3: Objections and investigation
If the marriage officer receives an objection, he will record it in the notice book. He will then investigate the objection. If he feels that the objection does not come in the way of marriage, he can go ahead and perform the marriage.

If the marriage officer finds the objection to be valid, he can refuse to solemnize the marriage.

In any case, he cannot take more than 30 days to arrive at a decision.

In case of refusal, the couple can appeal to the district magistrate within 30 days of such decision.

Step 4: Declaration by parties and witnesses
The Bride, the Groom, and three witnesses need to sign the below declaration in the presence of the marriage officer. It is not necessary to sign the declaration in the marriage officer’s office. If the parties wish, they can do it at any other place which is at a reasonable distance.

declaration form for marriage
Moreover, the parties can choose the manner of solemnizing the marriage. But, the marriage will not be complete without both parties saying the below words. The parties can say these words in any language that they understand.

I (A) take (B) to be my lawful wife (or husband)

After saying the above words, the bride and the groom become husband and wife. The last remaining step is to get a marriage registration certificate.

Step 5: Marriage registration certificate
The marriage officer will enter the marriage certificate in the Marriage Certificate Book. The couple and three witnesses need to sign this certificate.

So, this is how a court marriage takes place in India.

I can arrange for witnesses too. Feel free to get in touch with me for any assistance.

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