Court marriage - Matrimonial lawyer

Court marriages in India are registered under the special marriage ACT, 1954. It has some requirements to be filled.

  1. A male should be at least 21 years old and female must be above 18 years.
  2. Both parties should be competent to give valid consent. They should be capable of speaking their will.
  3. Neither party should have a living partner or valid marriage.
  4. Both parties shouldn’t be within degrees of prohibited relationship. If the customs and traditions of the religion of any one of the parties permit so, then the marriage is valid.

Steps of court marriage:

  1. Notice of Intended marriage
  2. Publication of Notice
  3. Objections of Marriage
  4. Signing of Declaration
  5. Place of Marriage
  6. Certificate of marriage

Required Documents:

  1. Four passport size photograph of both partners
  2. Proof of residence (Voter ID/Passport/Ration Card/ Driving License) of both party
  3. Birth certificate or any other documents like 10th examination certificate, Passport, etc to validate age.
  4. If anyone is divorcee, a certified copy of the decree of divorce is required by the court.
  5. In the case of foreign citizen- A certificate of the present marital status of the party is required along with no impediment certificate/ NOC from the concerned embassy and valid visa.
  6. Two witnesses with valid address proof and 1 passport size photo.
  7. Application form in the prescribed format with the prescribed fee.

Process:

  1. Approach the marriage registrar in the area of residence of at least one of the party, and file a notice for intended marriage. This consists of details of the man and woman - Name, DOB with Photograph.
  2. This is published/put-upon the registrar office notice board for 30 days. During this period if anyone has an issue can approach the registrar and file his complaint with appropriate evidence. Like below the legal age of marriage, one of the parties is already married, etc. If there are no objections, marriage can be solemnized on any day within the next 3 months. If three months have lapsed since notification, the entire process has to be done again.
  3. Party needs to inform the office in advance, the marriage date to get this registered.
  4. On the date, both parties must be present at the registrar’s office with 3 witnesses. They are made to read vows and sign of the register, thereby solemnizing their marriage.
  5. Party can collect the marriage certificate within a week after the marriage is registered.

After marriage, it is necessary to register in the court, so that the couples will take the benefits of the government services and the various schemes. Delhi Marriage Registration is the certificate that is signed by the spouse, and their witness as proof of their marriage.

FAQ:

a. Can we register for marriage online?

Ans- No, it can’t be done online. You need to physically present yourself in front of a marriage officer to register the marriage.

b. Do you need parent’s approval for court marriage?

Ans- No. it’s not needed as long as you meet the requirement.

c. Can a girl’s family file an FIR after marriage?

Ans- If both parties fullfill all the requirement and the girl happily agreed for the marriage no FIR could be registered. Feel free to call us to discuss in details about all the different angle.

d. What is tatkal marriage?

Ans- Delhi Government has produced a unique programme under which a marriage certificate can be issued within 24-hours. See Tatkal Marriage Certificate

e. What if the girl isn’t from Delhi, can we still marry in Delhi?

Ans - Sure that’s not an issue. You can marry on the very first day and registration (Only done on Monday, Wednesday, and Friday) could be completed the next day.

f. What if the girl changes her statement after marriage.

Ans - Girl’s statement is very important in love marriage. Remember Girl has to give a statement at multiple places and it’s not limited to just signature. Whenever you visit the marriage registrar or Judge (SDM Court) a statement is filed in the form of an affidavit. It has a statement of both girl and boy. A thumb impression is collected and photographs are collected during this process. Now even if the girl changes her statement due to police or family pressure and the case is filed under section-9. The boy with a marriage certificate, there is nothing to worry about.

g. Can we do same day marriage?

Ans - Yes, we can help you in that and would recommend you to go for Arya Samaj Marriage

h. We follow different religion, can we still marry without changing religion?

Ans- Accordingly Act 1954, religion has nothing to do with marriage and it’s not an issue.