AKSHAY KSHIRSAGAR
Court Marriage in Delhi Process 2022
By Adv Mayur Gavahne on 03rd September 2022
Court Marriage in Delhi
In this article, you will learn about the process and fees required for court marriage in Delhi.
Marriage is a beautiful way to unite two people and build a life together. Everyone should have the opportunity to experience it. Commitment, respect, faith, and loyalty are the cornerstones of any successful marriage. This is a momentous event, and everyone deserves to enjoy it with friends and family.
Spending on weddings is traditionally very expensive in India. But this trend is shifting as the younger generation prefers to have a Court Marriage, which is much cheaper. Court marriages in India eliminate the need for a multiplicity of ceremonies and rituals permitting young couples to get married.
Both the Hindu Marriage Act of 1954 and the Special Marriage Act of 1954 govern marriages performed in court.
The Hindu Marriage Act governs heterosexual marriages between Hindus. Under the Special Marriage Act of 1954, the courts may officiate inter-caste marriages.
Marriages solemnized by an Indian court are valid for all Indian citizens, regardless of their caste, color, or religious affiliation. A court marriage between an Indian and a non-resident Indian is permissible.
What is Court Marriage
Court marriages in India are different from customary marriages since they take place in the presence of a marriage officer in a court rather than in accordance with religious or cultural norms. Court marriage is the legal union of a man and a woman who are both free to marry regardless of their race, religion, or sexual orientation in the presence of a court, a marriage officer, and at least two witnesses. In the case of a marriage solemnised by the Indian Court, a traditional wedding ceremony is not required.
The requirement is that they should comply with the fundamental requirements of the Special Marriage Act, of 1954. Both partners need not be Indian residents to register in a Court Marriage in Delhi. An Indian citizen and a non-Indian citizen may enter into a court marriage. Court marriage allows couples of any gender to tie the knot, regardless of whether they have the same religious beliefs.
Eligibility Criteria For The Court Marriage in Delhi
1. Both the bride and the groom must be at least the minimum legal age, which is 21 for the groom and 18 for the bride.
2. For a marriage to happen, both people should agree to it (consent)
3. Both parties are sound minds.
4. Neither of the two parties should be unfit to have kids.
5. Parties should not be within degrees of the prohibited relationship as provided in Schedule I. However, if the religious principles of either party allow for this, then there will be no objection
Documents Required for Court Marriage in Delhi
1. Date of birth of the bride and groom (10th Certificate/Passport/Birth Certificate).
2. Address Proof of Parties (voter ID or driver’s licence).
3. PAN card and proof of address for each witness.
4. 5-6 photos of the bride and groom the size of a passport.
5. Both Witnesses should be residents of Delhi.
Procedure for Court Marriage in Delhi
1. Inform the marriage officer in your area that you are planning to marry. However, this will be clear when you fill out the form for a court marriage. Send the application 30 days before the date of marriage. Send the form to the registrar in either of the two districts where the participant lives.
2. For one month, the district marriage officer will put the notice in a visible location in the office. If the marriage seems illegal, anybody can object within 30 days. Section 7 of the marriage act says that anyone who doesn’t agree with the marriage has 30 days to file a complaint. If any of these seems like a good reason to object, the marriage officer will look into it. If they agree with the disapproval, the officer can refuse the marriage right then and there. In this case, the entities can file an appeal against the marriage officer’s order with the right district court.
3. The declaration form must be signed by the bride, groom, and at least three witnesses within 30 days of the wedding, either at the registrar’s office or in a near location to it.
4. The court marriage information is entered into the marriage certificate by the marriage registrar once all the legalities are completed. That’s how the Special Marriage Act’s Schedule IV envisions it, anyway. After the marriage certificate money has been paid to the court, the certificate will be issued within 15-30 days. In sum, it takes about 30-60 days to complete the court marriage procedure.
Application Charges for Registration
Application Fee for Registration: Rs. 100/-
Special Marriage Act: 150/-