The chapter ii and
section 4 of the special marriage act, 1954, states the certain conditions that
should be effectively met by both the parties seeking to enter the institution
of marriage. One of the conditions of the getting married under the special
marriage act, 1954, is that neither of parties should be living spouse.
The legal age of
getting married under the special marriage act, 1954, is 21 years of male and
18 for female. One of the conditions for getting married under the court
marriage procedures stated through the special marriage act, 1954 is that both
the parties should be competent for giving valid consent.
Another condition
mentioned in the chapter ii and section 4 of the special marriage act, 1954 is
that neither of the parties should be unfit for procreation of children.
Neither of the parties should be unfit for marriage, is another essential
conditions that should be met for getting married under the special marriage
act, 1954.
As provided in Schedule
I of the special marriage act, 1954, neither of the parties should have
prohibited relationship. It can be valid to one of the parties if their
traditions or customs of their religion permits so.
First step of the court
marriage procedures is submission of notice of intended marriage at the
marriage registrar office where any one of the parties have stayed for at least
30 days prior of the submission of the application of the intended marriage.
Second step of the
court marriage procedures in India is publication of the marriage application
form for any objection.
Third step of court
marriage procedures is no objection to the marriage and if any objection is
received then the marriage registrar officer investigate the objection within
30 days of the publication of the marriage application form. If the objection
is found to be true then the marriage cannot be solemnized at the court of law.
After the publication
of the marriage application form is published and received no objection, the
step of the court marriage procedures is declaration that should be signed by
both the parties along with the witness and countersigned by the marriage
registrar officer.
Next step of the court
marriage procedure is choosing a place and form of marriage. For example, the Court Marriage in Tis
Hazari Court can be solemnized at Tis Hazari Court or other place
within a reasonable distance.
As specified in
schedule IV of the act in the marriage certificate book, the marriage officer
renders a Certificate of Court Marriage
Process in Delhi into specified form.
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