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According to the Special Marriage Act of 1954, which was passed in 1954, “court marriage” is recognized as legitimate in India’s constitution. This is because the act was passed in 1954. Because of this piece of law, the practice of “court marriage” is now legally recognized.
A marriage that is recognized by the law and is regarded to be valid can be performed in a single day by sticking to only a handful of procedures, delivering the proper papers, and having witnesses present. This allows a marriage to be performed in a manner that is deemed to be valid.
The institution of judicial marriage is riddled with controversy due to the fact that it is utilized so frequently in India. This is because of the distinctive legal structure that exists in the country. Regarding the practice of judicial marriage that is prevalent in India, we have put information into a guidebook in the hopes that it would be of benefit to anyone who has an interest in gaining further knowledge regarding this custom?
Court Marriage In India’s Pros
The past ten years have witnessed a significant increase in the number of court marriages, which may be linked to the personal as well as societal benefits that are associated with this type of marriage. The following is a list that shows both the benefits as well as the drawbacks of getting married in India through a judicial ceremony.
- Economy
We are all well aware of the potentially high costs associated with extravagant weddings. People who benefit neither themselves nor anyone else by spending a fortune on their weddings do not benefit anyone else. Because there is no fanfare or elaborate decorations involved, court marriages in India are far less expensive than other sorts of weddings. Their simplicity is what gives them their elegant appearance. In this respect, court weddings help the creation of a balance in society by allowing people to marry without needing to spend all of their money on a lavish wedding ceremony. This frees up a person’s financial resources so that they may focus on starting their new life together.
- Easy
Court marriages have few rituals. If you have all your documentation and witnesses, it can be done in a few hours. Court marriage in India is easy if you’re eligible.
Below, check judicial marriage eligibility:
- Each party must be single.
- The bride is 18 and the groom is 21.
- Both sides should be sane.
- Both must offer legitimate consent to marry.
- No party should be insane or mentally ill.
- It Offers Legal Security
It is essential to make a note of the fact that judicial weddings in India are valid, legal, and risk-free. This is due to the fact that the Indian government imposes certain constraints to ensure that they are valid. Since there is a problem in India with people getting married in violation of the law, verification examinations are necessary for the country. As a direct result of the legalization of judicial marriages, which has led to an increase in women’s access to legal benefits, the number of incidents of domestic abuse as well as economic disparity has decreased. This has led to a direct reduction in the number of women who are able to access legal benefits.
- It Prevents Social Ills
The institution of judicial marriage in India offers a potential answer to the problems of dowry payments, the marriage of minors, and coerced marriages in that country. After determining that the bride and groom are mature enough to make their own decisions and have the ability to exercise their own free will, it is determined whether or not they are willing to enter into the marriage. In order for “marriage” to truly represent its meaning, which is to be a link for life rather than a burden for life, we ought to encourage the practice of court marriage, which calls for proof of age and residency before it can be authorized. If we do this, we can make sure that “marriage” lives up to its name. This would make “marriage” become a link for life rather than a burden for life, which would make it more desirable.
- It Removes Caste And Religious Barriers
The practice of caste is morally reprehensible. Developed with the goal of assisting society, but ultimately led to prejudice because of its effects. Judicial marriage has the potential to assist reduce some of the challenges that are presented by caste and religious limitations, which can make it challenging for many couples to get married. It is legal for two people who follow different religious traditions to get married as long as the court does not make any distinctions between them on the basis of their religious affiliation, their caste, or their views.
Court Marriage In India’s Cons
Court marriage does. It is traditional practice to have a judge or some other authority figure present during the wedding ceremony in India. This is done so that the union can be legally recognized. In spite of the fact that this circumstance is associated with quite a few positive aspects, it is also associated with quite a few negative aspects that should be considered. Let’s look into the issues that are associated with marriages in which the law makes the decision rather than the individuals who are getting married.
- Slow Process
Before you are able to wed in accordance with the law, you will be expected to obtain a number of authorizations and verifications from a variety of sources. It may take up to a month to complete all of the necessary steps before the wedding. Once the couple has finished their required amount of time apart prior to getting married, the judge will give them additional instructions regarding their wedding. Should either your marriage or your application be rejected, you will be required to begin the process all over again from the very beginning. It is possible that the process of presuming a marriage will take more time whenever there are more variables involved.
- Too Many Documents
Missing paperwork can end a court marriage. Collecting and submitting many documents is difficult. Each document is checked after the presentation. Failure to verify could land you in legal trouble.
- Bridal and wedding proofs
- Age proofs
- Witness PAN/address proof.
- Passport-sized photos of both parties
- Testimony
If you want to get married in an Indian court, you need three witnesses, and each one of them needs to have a photo identification card issued by the Indian government. If you want to get married in an Indian court, you want to get married in an Indian court. If the prospective spouse’s family does not agree with the marriage, it may be difficult to find three witnesses who are able to provide official forms of identification.
Conclusion
The benefits of court marriage in India are evident. Hire a skilled lawyer to overlook even the downsides. Court marriage lawyer can help you through the marriage process. If you find a professional lawyer, they can help you gather papers and witnesses. It’s a good idea to abandon lavish weddings and marry your lover to have a happy life.
