Procedure of Court Marriage in India in Six Simple Steps!

In India, the marriage can be solemnized between an Indian Hindu male and female of different caste, religion, creed and nationality, under the special marriage act of 1954. The procedures of the court marriage with documents required for registration of the marriage under the court marriage, is discussed in this blog.

One of the essential conditions for court marriage procedures is that neither of the marrying parties should have a spouse living. Other conditions consists of the fact that the both the parties should be mentally stable for giving a valid consent. The age of the groom should be more than 21 years and the age of the bride are 18 years, for getting their marriage solemnized under the special marriage act of the 1954.

Court marriage procedures can be roughly classified into 6 simple steps. First step of the court marriage is submission of the applications of the intended marriage. Application form filled in prescribed format should be submitted to the marriage registrar office, where any one of the parties has lived for more than 30 days prior to the submission of the marriage application form.

Second step of the marriage court procedures is publication of the notice for availing any objection.

Third step of the court marriage procedures is no objection of marriage. The marriage registrar officers enquire about the objection of the marriage of the couple. If the objection raised about the court marriage found true then the marriage cannot be solemnized at the marriage registrar office.

Fourth step of the court marriage application is declaration sign and submitted by the bride and groom to the marriage registrar office. The declaration should be signed by the bride, groom and other three witnesses. It should be counter sign by the marriage registrar officer.

Choosing a place and form of marriage is fifth step of the court marriage procedures. Based on the convenience of the marrying couple, either the office of the marriage registrar or any establishment within reasonable distance can be chosen.

Specific marriage application form signed by the both the parties, marriage registrar and witness can be submitted for Court Marriage in Tis Hazari Court.  

The last and sixth step of the court marriage procedures is marriage certificate. Marriage registrar officer in Delhi enter a Marriage Certificate in Delhi in the form specified in Schedule IV of the act in Marriage Certificate book.

All You Require to Know about the Eligibility Conditions, Procedures of the Court Marriage and Documents Required When Both the Parties are Hindu!

Under the special marriage act, 1954, the marriage can be solemnized between two individuals with same religions and two individuals with different religions. Foreign individuals or NRI individuals can marry Indian individuals under the special marriage act, 1954. Furthermore, the NRI individuals or foreign individual’s marriage can be solemnized under the Foreign Marriage Act 1969. Without rituals and ceremonies of the traditional marriage, the registration and certifications of the marriage through court marriage.

If the individuals meet the essential conditions for court marriage, they can apply through the submission of the application of intended marriage at the marriage registrar office at the district where any one of the parties has stay for more than 30 day prior to the submission of the applications of marriage form in specific format. One of the essential conditions for court marriage is that either of the parties should not be subsisting valid marriage with any other individuals.

The minimum age of the bride should be 18 and groom should be more than 21, are other essential parameters for court marriage in India. Unsoundness of mind should not be associated with either of the parties applying for the court marriage. Furthermore, either of the parties applying for the court marriage should not fall within the degree of the prohibited relationship.

In precise format, the marriage application forms should be submitted to the marriage registrar office. Documents required with the applications form are passport size photographs of the marrying parties. Along with this, the residential proof and date of birth proof of the marrying parties should be submitted. Three witnesses are required to submit the residential proof and pan card details along with the marriage application form. In case either of the parties was earlier married, they are required to submit the death certificate or divorce decree.

For systematic execution of the court marriage procedures, the clients can contact/consult some of the best Court marriage lawyers in Delhi.

After the submission of the marriage application, the marriage registrar office put/publish the marriage application for a period of 30 day, for obtaining any objection if any. During the 30 day of the publishing of the marriage applications, the marriage registrar office verifies all the documents submitted by the marriage applicants.

After the expiry of the 30 day, the marriage can be solemnized at the marriage registrar office with 3 witnesses physically present at the marriage registrar office.  Marriage Certificate in Delhi can be obtained by the marrying parties after the solemnization of the marriage. 

Procedures of Court Marriage When One Party Is Indian and Other Is a Foreign National

Marriage in between an Indian national and foreign national can be solemnized under the Special Marriage Act. The marriage can be solemnized before a marriage officer in a foreign country or a marriage registrar office in India. Eligibility criteria, document required and procedures of court marriage with Indian and foreign individuals are discussed in this blog.

Eligibility Criteria for Marriage under Special Marriage Act When One of the Parties Is Indian and Other Is Foreign National

One of the eligibility conditions for marriage under special marriage act is that one of the partners should be of Indian origins. Other conditions are that the age of the bride must be more than 18 years and age of the groom should be at least 21 years.  Under the special marriage act, none of the parties that have applied for marriage registration has a spouse living. Neither of the parties should be lunatic or idiot, for getting married under the Special Marriage Act. 

Under the special marriage act, the marriage can be registered only if the parties are not within the degrees of prohibited relationship. Neither of the parties should have any other valid marriage, for their marriage solemnization under the special marriage act. 

What Are Required Documents For The Marriage Registration When One Party Is Indian And Other Is Foreign National?

Marriage application form should be properly and completely filled and submitted at the marriage registrar office in India.  The marriage application form should be signed properly by both the parties. They are required to submit the document evidence of their date of birth. Furthermore, both the parties have to submit a copy of their valid visa and passport along with the marriage application form. 

Both the parties have to submit their residential proof with the marriage application form. Foreign national or national has to submit the documentary evidence regarding their stay in a district of India for more than 30 days. The report from the concerned SHO is also valid as proof for stay.

Marital Status certificate from the concerned embassy or N.O.C is required to be submitted to the marriage registrar office along with the marriage application forms. Marital Status certificate can be issued by foreigner partner or Consulate in India is also valid.

Divorce decree or death certificate of earlier spouse is also required to be submitted to the registrar office.

What Are The Procedures For Court Marriage When One Party Is Indian And Other Is Foreign National?

After the submission of the marriage application forms at the registrar office, the marriage registrar office put the marriage application form for a notice of 30 days. The marriage between an Indian national and foreign national can be solemnized after 30 day if no objection is received at the marriage registrar office.

Within the period of 30 days, all the submitted documents are verified by the marriage registrar office. Marriage Certificate in Delhi can be attained by the couple, if the law of other nation shall not be in conflict with Indian laws.

Court Marriage Lawyers in Delhi can be hired by the couples, for proper filling and submission of the marriage application form. The lawyers also assist the couples in getting their marriage registration as soon as possible with marriage certifications. 

Court Marriage Procedures and Documents Required For Marriage When Both Parties Belong To Different Religions

Inter caste/religion marriages are often disapproved by the parents of either or both the parties. In such cases, if the groom is above twenty one (21) years old and bride is above eighteen (18) years old, then they can get married through court marriage, where not only their marriage will be solemnized through court of law but they will be also be provided with marriage certificate for their marriage.

Irrespective of either husband or wife are Hindu, Sikhs, Jains or Buddhists, the special marriage act, 1954 solemnized and even registered marriage of individuals without any rites and ceremonies. Procedures of the court marriage with documents required, when both the parties are from different religions, are discussed in this blog.

Documents Required To Be Submitted To the Marriage Registrar

Marriage application form should be duly signed by both the parties. Furthermore, the couples should be required to provide a documentary evidence of their date of birth. Moreover, both the parties have to submit their residential proof.  Both the parties have to submit two photographs along with the marriage application form. In case, either of the two parties was earlier married in the past, they have to submit death certificate or divorce decrees, whichever is applicable.

Procedures to be followed for getting married when Both the Parties Belong to Different Religion

Notice of intended marriage should be filed in specific and precise format by both the parties to the marriage registrar. The form should be filed at the office of marriage registrar in a district where at least one of the parties has resided for a period not less than 30 days from the date of filing of the notice of intended marriage.

For inviting any objections if any, the notice is then published by the marriage registrar where the notice of intended marriage was filed. Unless the notice has been objected by any person, the marriage may be solemnized after the expiration of 30 days from the date of the filing of the notice for intended marriage.

At a specific marriage office, the marriage may be solemnized by both the parties. On the date of marriage registration/solemnization, it is required by both the parties along with three witnesses to be present at the marriage registrar office.

Role of law firms in court marriage of different religion in Delhi

Many law firms in Delhi provide legal assistance to couples from filing of the marriage application forms to getting their marriage registered in the court of law. Court marriage in Tis Hazari Court of both the parties can be performed by reputed law firms in the most hassle-free manner.  

The law firm, in a zest to attain maximum approval of both the parties, tries to provide   Marriage Certificate in Delhi on the same day of marriage registration.   

Requirements for registration and obtaining a Marriage Certificate

Any marriage in India that has been can be registered under the Hindu marriage Act or special marriage Act. When religion of both the male and female is same, that is when they both belong to Hindu religion, and then the marriage is registered under Hindu Act of 1954.   The same Hindu marriage act is also applicable to Sikhs, Buddhist, and jains, or anyone who has converted to the Hindu religion. If religion of the partners is different, or both of them are not from the same religion, then marriage is registered under special marriage Act, 1954.

For registration of a marriage, which has already been solemnized, a couple has to visit the office of the district sub divisional magistrate. This office should be in the area of the either husband or wife, where he or she is living. There are some documents, which both the partners or husband and wife have to produce to get the certificate of registration of marriage. The husband and wife should have application form duly signed by them. They should also have proof of date of birth , for which, the passport, matriculate certificate, or birth certificate is required. 

The age of both the partners must be 21 or above it at the time of registration of marriage under special marriage Act 1954. The proof of their stay in Delhi for 30 days before the registration of marriage is also required. The ration card of either husband or wife of the area, where they are living is evidence of husband or wife‘s stay in the area for more than 30 days. The affidavit by both husband and wife, stating the date of the marriage and place of the marriage and marriage status at the time of the marriage and nationality of the couple, must be produced before the magistrate.  

The other documents are: passport photos of the husband and wife and one marriage photo. The certificate of the priest who solemnized the marriage at a religion place, this is for those, whose marriage ceremony was held at a religion place. Marriage certificate in Delhi. Rupees 100 in case of Hindu marriage Act and rupees 150 in case of special marriage Act, has to be deposited with the cashier of district magistrate and the receipt of the payment has to be attached with the application form.  . If a partner was earlier married, then he or she has to produce the divorce certificate and in the case of death of spouse, the death certificate to show that one of them is widow or widower.  If one of the partners is not Hindu, Sikh, Buddhist or Jain, then he or she has to show the conversion certificate, from the priest, who converted one of them into Hindu religion. Court marriage in Tis Hazari Court. Fulfilling all the requirements can be made easy with the help of an expert and experienced legal team.