Court Marriage
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Court marriage comes under the Special Marriage Act, 1954. The marriage is done in the presence of the Marriage Officer in the court and three witnesses. Anybody in India can do court marriage, irrespective of their caste, creed, and religion. An Indian can also marry a foreigner in the court.
The law of India encompasses different Acts such as Hindu Marriage Act, Muslim Marriage, Act, etc. But when a couple decides to marry in court, it comes under the Special Marriage Act, irrespective of their religion.
- Both parties should be single, i.e., they should not be married previously. If they are married previously, the spouse should either be dead or divorced.
- Both parties should have consent in marrying and should be competent to give consent. This means they should be adults (not minor in age) and of sound mind.
- The marriageable age for the boy is 21 years and for the girl is 18 years in India.
- Both parties should be away from any degree of prohibited relationship.
Importance of the best court marriage lawyer
This is especially important for couples who are marrying without their families’ consent. In India, due to the strict social structure of arranged marriage, couples who fall in love and want to marry are often left with little option. In this case, they can opt for court marriage with the necessary documents and witnesses. It is good to have a court marriage lawyer by your side to legally solemnize the marriage. This way, nobody in the society gets a chance to raise a finger against you both.
Many people think that hiring a lawyer is expensive. This is not true. You can get experienced and competent lawyers at an affordable fee from reputable firms like Online Legal Center. This is a one-stop destination for all your legal and business problems, including marriage registration.
- Passport size photographs of the boy and the girl wishing to marry.
- Proof of age of both parties.
- Proof of residential address, such as Aadhar card, Voter ID, etc.
- Affidavit that declares their marital status, date of birth, and the fact that both parties do not come under any degree of prohibited relationship.
- Marriage application form filled correctly and fully and signed by both the parties.
- Receipt of the court marriage fee paid.
- Copy of divorce order or death certificate of the spouse, if applicable.
- ID proofs, passport size photos, and PAN cards of witnesses.
- Copy of passport and valid visa, in case marriage is with a foreigner.
- Proof that one of the parties has been staying in India for more than 30 days.
- Marital status certificate or NOC by the concerned embassy, if applicable.
It is good to follow the entire process step by step so that there is no legal problem later in life. Your court marriage lawyer will guide you in each step.
The notice of intended marriage has to be prepared in a prescribed format. Online Legal Center is one of the best places to contact when you are preparing for court marriage and want to solemnize it with the least amount of stress and hassle. You must submit this notice to the office of the marriage registrar.
The notice will be displayed in the marriage registrar’s office in a way that it is clearly visible. This notice is displayed for a period of 30 days.
Before the marriage gets solemnized, both the parties who are marrying with each other and their three witnesses must sign on a declaration form. It declares that the court marriage is happening with their consent.
Once there is no objection and the declaration is signed, the marriage is solemnized at the office of the marriage registrar.
The couple receives the marriage certificate within 3 to 5 business days after solemnization of marriage.
Marriage certificate is an important piece of document. It declares that both of you are legally married. This saves you from anybody harassing you in this respect. The Honourable Supreme Court of India has mandated all couples to register their marriage.
In today’s cyber age wherein almost everything is available online, no doubt, you can also get your marriage certificate online. This saves you from the hassle of visiting the registrar office. Platforms like Online Legal Center can help you register your marriage online.
For this, you must visit the government website of your state and find the marriage registration form. Fill it duly and submit it.
The marriage registrar will call both the parties intending to marry at a particular date and time, which is generally 15-30 days after form submission. Under the Special Marriage Act, 1954, it takes around 60 days for the registrar to call the parties. Both parties must be present on this day and on time with all the required documents and witnesses.
Consultation with the best court marriage lawyer
Couples who wish to tie the knot and lead a fulfilling life must legalize their marriage. This is important when you live in a country like India where marriage is considered sacred. Live-in relationships are still frowned upon.
If you both are planning to marry, the first thing to do is consult with a lawyer specializing in this field. You can easily contact a lawyer through Online Legal Center. Send a WhatsApp message, email, or fill an online form (available at the Center’s website). Pay a fee. Thereafter, one of the lawyers from the center will get in touch with you. Discuss your intention of getting married in court.
Court marriage takes time
Remember, court marriage is not a one-day process. It takes more than 30 days to solemnize the marriage. This is because the marriage officer will wait for 30 days after publishing your marriage notice for any objection. Only then will he/she proceed with the next steps.
The benefit of contacting the best lawyer from Online Legal Center is that the entire process becomes smoother. You are rest assured that there is legal help by your side, just in case anything goes wrong.
Importance of witnesses
You cannot go ahead with a court marriage without witnesses. As per the law in India, you require not one or two, but three witnesses. They can be from your family or friend circle, neighbours, colleagues, or anybody who knows you and are in support of your marriage.
With witnesses by your side, you can marry even if your parents or your partner’s parents are against the marriage.
Becoming the witness to a court marriage
Many people think it is easy to become a witness to a couple marrying in court. However, before becoming a witness, make sure the couple whom you are supporting are of legal marriageable age and fulfil the conditions of court marriage. They should not be in any prohibited relationship or an active relationship.
As per lawyers at the Online Legal Center, if you are a witness to a marriage wherein the boy or the girl is a minor or have not fulfilled a condition, then you will be called to testify. You, as a witness, can be in legal trouble.
In case where the boy or the girl is a minor, a criminal case can be slapped against you. So, make sure you are on the safe side. Check whether the couple intending to marry have fulfilled all the conditions of Court Marriage in India.
In addition, if the couple is in a legal dispute later, the court can issue summons to the witness in case the marital matter goes to court.
Therefore, a witness is not just somebody who watches a marriage taking place. He or she serves as a legal pillar for the couple. That’s why the witness must submit their ID proofs, photos, and other such necessary documents. By becoming a witness, you become an important part of law.
Court Marriage Lawyer | Best Court Marriage Lawyer
In simple language, court marriage is the marriage that takes place in the court in front of the marriage registrar in his/her office in the presence of witnesses and your lawyer. Get Court Marriage Lawyer
The registrar will provide you with a marriage certificate, which states that you are husband and wife in legal sense. This type of marriage has no typical “baraat” and “pheras” and calling the guests, pundit, and doing decorations, etc.
Advocate For Love Marriage In Delhi
When both the man and the woman are Hindus, then the court marriage will happen under the Hindu Marriage Act 1955. Inter-caste marriages are done under Special Marriage Act, 1954. Anybody can do court marriage in India, provided they are of legal marriageable age. An Indian can also marry an NRI through court marriage. Hire Advocate For Love Marriage in Delhi
Court marriage is especially beneficial in case:
- Families of the man or the woman or both are not agreeing with their marriage.
- Both are of different caste.
- Both want the marriage to be simple and inexpensive.
Eligibility criteria for court marriage | court marriage lawyer in delhi
- Girl must have completed 18 years of age and the boy must have completed 21 years of age.
- Both have never married before. If they have, they can marry again only when their spouse is dead or divorced.
- Both should give a valid consent for marriage.
- Both should be mentally sound.
Procedure for court marriage in India
- Parties intending to marry notify the district marriage officer (of either of the partner’s district) by filling an application form and submitting it 30 days prior to their intended date of marriage.
- The officer will put up a notice for marriage for 30 days during which, if there should be some objection to this marriage, the marriage procedure will be withheld. The objecting person has a time of 30 days to file the objection.
- If the objection is found to be relevant, the officer will refuse conducting the marriage. Court Marriage Lawyer In Delhi
- In case the marriage is refused, the parties can file an appeal against the refusal order at the relevant district court within 30 days of receiving the refusal order.
- If there is no objection within the 30 days, the marriage is solemnized by the officer in the presence of three witnesses who will sign a declaration form.
- After the legal procedure is completed, the registrar prepares the marriage certificate, which the couple receives within 15-30 days.
Benefits to choose service For Court Marriage
You can file for court marriage through Online Legal Center and Get Court Marriage Lawyer with the help of lawyer who will guide you in each step of the court marriage procedure. In case there is an objection to your marriage, you will certainly need a strong legal representative to take up your case. A lawyer is also needed in case the officer refuses for your marriage. In this case, you must file an appeal.
Court marriage Lawyer is a completely legal thing, so it is better that you have a lawyer by your side so that everything happens smoothly and in stress-free manner. As you both are starting a new life, you don’t want to put yourselves in unnecessary stress of carrying out the legal formalities. Your lawyer can handle the legalities while you plan for your life ahead.
- Parents’ approval is not needed in court marriage.
- No religious ceremony is required to be done to solemnize the marriage.
- There is no question of dowry.
- The marriage is valid and is internationally recognized.
- The marriage stays valid even if one partner dies.
- This type of marriage does not get terminated in case the couple separates.
- There is no need to visit the temple or any religious place. This marriage takes place at the office of the marriage registrar.
- The couple can save money by not giving a big reception or organizing the typical “big fat Indian wedding.”
- The couple saves themselves from the stress and the efforts of arranging for the wedding, inviting guests, booking halls, etc. Court marriage is a simple and cost-effective marriage procedure.
- The couple can live with dignity in the society, as this marriage is perfectly legal.
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Frequently Asked Questions (FAQs)
Court marriage may take a maximum of 60 days from the time you filled the application form. This is under normal circumstances in which no objection comes up during the 30-day notice period. Hire Marriage Lawyer in Delhi
Under the Hindu Marriage Act, 1955, the application fees is Rs. 100/-, while under the Special Marriage Act, 1954, the fee is Rs. 150/-. Court marriage cost may differ from state to state. Also, there is the lawyer expenses.
Yes, it is possible, but for this any one of the marrying party must live in Delhi for a month (30 days) immediately before you notify the marriage officer, as per the requirement by law. Court Marriage Lawyer Delhi
Anybody can raise an objection to the parties marrying in court. It should be on the basis of the grounds mentioned in Chapter 2, Section 4 of the Marriage act. (They are mentioned here under the sub-topic “Eligibility Criteria of Court Marriage.”) The officer must examine the objection to see whether they are relevant or not. This should be done within 30 days from the date of receiving an objection.
No. Once the objection is rejected, the court marriage of both parties proceeds. In this case, the person who raised the objection can do nothing legally. However, if the objection is accepted and the court marriage is withheld, the parties intending to marry can make a legal move by filing an appeal with the district court.
It takes between Rs. 500 to Rs. 1000 for the court marriage procedure. However, it is better to check the current fee in your state before starting the process.
Yes, court marriage is a good decision, especially for couples who are marrying against the wishes of their families and society. Court marriage in India provides legal protection to the couple. This is a valid marriage.
Legally, in India, the bridegroom must have completed 21 years of age and the bride must have completed 18 years of age. The modern trend these days is late marriage. Today’s generation does not want to tie the knot at an early age of 20. So, preferably 25-30 years of age is the perfect age to marry in the present times.
Yes. You can get married at 30. The court has set a minimum age bar of 21 for the boy and 18 for the girl. There is no maximum age limit. Nowadays, it is common for Indians to get married at the age of 30 and above.
If the marriage officer finds that that objection is justified, then the marriage will not take place. The person who has raised the objection must prove his/her point. The best court marriage lawyer will try their best to have a smooth marriage process.
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Affordable Price
We offer some of the lowest prices in the industry.
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Our team of lawyers are certified through the Bar Council of India and have worked on umpteen numbers of cases successfully.
Legal & Moral Support
We provide legal guidance + our lawyers serve as pillar of strength to the clients to help them cope with the stress of cases.
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We provide round the clock support.
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