Under the Special Marriage Act, 1954, court marriages are solemnized. Court marriage between an Indian male and a female may be performed regardless of their caste, religion or creed. Between an Indian and a visitor, it can also be solemnized. The parties may be of Indian descent or international descent. There are other requirements such as; one should not be with another party in an ongoing marriage, and both parties should be of sound mind.
Court marriages are often used when parents and relative marriages are not accepted by marriage if the man and woman belong to two different religions if the family can not afford to spend the time of a large marriage, or simply because they would like to have an awkward wedding.
Court marriages in India are becoming more popular; many couples opt. There are many reasons why these days, court marriages are the favorite choice. One explanation is that couples want to stay economic and simple with their marriages. Certain explanations are for marriages between castes or without family blessings. Regardless of what is the case, the marriage of court is not easy; many procedures and costs are involved.
ELIGIBILITY CRITERIA FOR COURT MARRIAGE
- No legitimate marriage of either of the parties with any other person should subsist.
- The bridegroom must be 21 years old and the bride must be 18 years old.
- The parties must not be so unstable that they can not give valid consent for their marriage, that they suffer from mental illness of a kind or in such a way that they are unsafe for marriage and child procreation or that they have suffered repeated insanity attacks.
The guidelines for a legal marriage are as follows
- The parties should not fall within the scope of the partnership prohibited.
In accordance with Chapter 2 "Solemnization of special marriages," the process for court marriages can be divided into the following specific steps:
Notice of the intended marriage:- The parties shall submit to the Marriage Registrar of the district an Intentional Marriage Notice in the prescribed form where at least one of the parties to a marriage resided for a period not exceeding 30 days at the time of the correspondence of the notice.
Publication:- The notification is then posted and, if appropriate, submitted by the Marriage Registrar.
Objection to Marriage:- The marriage may be solemnized after the expiration of 30 days from the date on which the notice of intended marriage was issued unless it has been objected to by any person.
Declaration by parties and witnesses:- In the presence of the Marriage Officer and in the presence of the Marriage Officer, a document shall be signed before the sole ceremony and by the three marriage witnesses, in the manner defined in the Third Schedule.
Certificate of Marriage:- The marriage officer shall enter a certificate as set out in the Book of Marriage Certificates in Annex IV to this Act. Different certificates are conclusive proof of court marriages signed by both parties and three testimonials.
- Type of request duly signed by both parties.
- Documentary evidence of the date the parties were born.
- Copy of both parties ' Passport with Visa Valid.
- Residential evidence of both parties.
- Documentary facts relating to one of the parties ' stays in a district in India for more than 30 days (SHO proof of stay or report).
- N.O.C. or Marital Status Certificate issued by a foreign spouse from the embassy or consulate concerned in India.
- Death certificate or divorce order, if appropriate, in the event that one of the parties has had any previous marriages.