Court Marriage In Varanasi
Court Marriage In Varanasi.Court Marriage in India is a very popular alternative for couples who want to keep their marriage affair simple and economical or with inter religious/inter caste background. It is also act as a sanctuary for couples going against the wishes of their family members. Unlike traditional marriage where numerous rituals and customs are followed, Court marriage is fairly a simple procedure, performed before a marriage registrar and few witnesses.
The Special Marriage Act, 1954 has laid down the concept of Court Marriage. It provides for marriage between couples belonging to different religion, caste or creed or nationality, by way of civil ceremony. It also solemnizes and register a marriage, at the same time.
What are the conditions required to be fulfilled before proceeding with Court Marriage?
The Special Marriage Act, 1954 has laid down certain conditions that parties have to meet before mutually entering or signing the Civil Marriage Contract. These conditions are as follows: –
- No party should have a subsisting valid marriage with any other person.
- The age of the bride should be 18 years and the groom should be 21 years.
- They should be of sound mind and able to give their valid consent for marriage.
- They should not be unfit for marriage or procreation of children.
- Both the parties should not, by any means, fall in the degrees of prohibited relationship as provided in Schedule I of the Act unless it is held valid in the customs or traditions of the religion of any of the two parties.
What are the procedures of Court Marriage?
Filing Application or Notice of Intended Marriage
The parties need file a notice/application in writing in the prescribed format provided in Schedule II of the Special Marriage Act.
The notice has to be submitted to the Marriage Registrar of the district in which any one of the parties have resided for at least 30 days preceding from the date of serving the mentioned notice.
Publication of Notice
After the notice has been filled, The Marriage Officer of the district to whom the notice has been served shall publishes the notice.
The notice shall be published at a conspicuous place in the office and one copy in the office of the district where (if) the other party permanently resides.
No objection to the Marriage
Any person can raise objection to the marriage to the Marriage officer of the district on the specified conditions as mentioned in Chapter II, Section 4 of the Act. If Marriage Officer receives any objection within the 30 days from the date of publication of notice, the marriage cannot be solemnized.
Remedy for the couple, if objection is filed
Either of the party to the marriage can file an appeal at the District Court within the local limits of the district under the jurisdiction of Marriage Officer within 30 days from the date of refusal to solemnize the marriage.
Solemnization of the Marriage
If no objection is received before the expiry of 30 days, the marriage will be solemnized at the Specified Marriage Office. The parties to the marriage must be present at the office along with 3 witnesses at the Office on the given date of Registration/Solemnization.
The Marriage Certificate is issued by the officer in the specified format which has to be signed by both the parties and 3 witnesses. It is the conclusive evidence of the Court Marriage.
Court Marriage In Varanasi.