Documents That Must Be Produced When Getting Married In Court

Marriages that take place in front of a judge are common in India and are regulated by the Special Marriage Act of 1954. When a marriage is arranged by the court, it does not matter the parties’ socioeconomic status, race, religion, or sect. Court marriage is another option for couples who follow different religions and want to get married. To speak in general terms, a judicial marriage is the same thing as the legalization of marriage. Marriages arranged through the court can also take place between people of different religions or castes. Couples who meet the requirements can submit an official request to the Marriage Registrar to receive a wedding certification.

Qualifications Required For Marriage By The State

  • To begin, neither party can have been legally married to the other at the period that they were married to each other.
  • The age requirement for the girl is at least 18, and the age requirement for the spouse is at least 21 years old.
  • The individuals have to have sufficient mental capacity.
  • For them to be able to give their valid permission at the time of the marriage, they need to be of legal age.
  • It is expected that the applicants do not suffer from any form of mental illness or insanity.
  • The applicants are not allowed to have any kind of relationship with the forbidden entity. (If their culture allows it, two people who are not legally allowed to be together can nonetheless get married in a judicial ceremony.)

Documentation Checklist Necessary For Getting Married In Court

For a marriage to be recognized by the law, you will need the following documents:

  • The request form needs to have both of the applicants’ signatures on it.
  • Age verification documentation for both of the candidates is required.
  • Evidence of the applicant’s place of residence
  • Two photographs of the pair in the size required for passports
  • If the pair was previously married, either a death certificate or a divorce decree is necessary as proof of their status.
  • Documentation demonstrating that the appropriate fees have been paid in connection with the District Court request form.
  • A declaration by the applicants that they are not related to one another to the extent that would violate the Special Marriage Act’s definition of a prohibited relationship with one another.

The Legal Steps Involved In Getting Married

There are a total of five steps involved in the process of applying for a marriage license through the court.

  1. Notice Of Marriage

To get started, the prospective spouses need to contact the marriage registrar for the district. Both parties who are interested in entering into the marriage are obligated to submit to the Marriage Registrar with advance notice of their desire to wed, following the protocol outlined in Schedule 2.

  1. Make The Notification, Public

After the notification has been posted, the Marriage Registrar is required to attach the document to a particularly prominent location within his department. There is also a 30-day waiting period for any kind of complaint to be submitted. If there are no dissenting opinions, the registrar will proceed with the wedding.

  1. Objecting To The Marriage

If a judicial marriage has the potential to violate any of the standards outlined in Section 4 of the legislation, any individual has the right to object to the marriage within the allotted time frame in Article 7, which is thirty days. However, the objection cannot be founded on personal reasons; rather, it must be supported by legal grounds. The Marriage Officer is required by Section 8 to investigate any objections within thirty days and to proceed with the wedding if it can be determined that the objection does not prevent the marriage from going through.

  1. Declarations Of The Participants And Witnesses Are Required

To proceed with the court marriage process in delhi, there must be a minimum of three witnesses present. In the presence of the Registrar, both participants as well as three witnesses are required to sign and declare by the instructions provided in the Third Schedule.

  1. Issuance Of The Marriage Certificate

When all of these steps have been finished, the person in charge of marriage registration will issue the marriage certificate. This certification needs to be appropriately signed by the married couple as well as three witnesses. A certification of this kind is evidence of judicial matrimony that cannot be contested in any way.

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