Court Marriage In Ludhiana and the rest of the country are governed as per the
provisions of the Special Marriage Act, 1954. According to the Act of 1954
marriages in the court are solemnized in the presence of the marriage officer
and three witnesses.
For a person
getting married again after a divorce, only the copy of the divorce decree is
required in addition to other documents necessary as per the law. The documents
required as well as the procedure for the court marriage is explained
below-
Conditions
required for the parties-
Two persons of different genders belonging to different castes, religions, places etc. can get married in accordance with the provisions of the Special Marriage Act, 1954.
Certain conditions required for the parties to register for court marriage are-
· There should be no pre-existing marriage, i.e. the parties
applying for the marriage through court shall not have a living spouse.
· In case of a divorced person or a widower, the divorce decree of
the court or the death certificate of the previous partner is required to be
submitted with the documents respectively.
· The parties should have acquired legal age, i.e. the male should
have reached the age of 21 years and the female should be above the age of 18
years.
· The parties filing for the court marriage should not be within the degrees of prohibited relationship. Provided the customs of at least one of the parties allow so.
Procedure-
“Solemnization
of Special Marriages” chapter II of the Act of 1954 provides for the procedure
of Court Marriage In Chandigarh as well as other parts of the country.
· Notice for the marriage-
As provided under the Section 5 of
the act, a notice is sent to the marriage officer. The parties have to provide
the4 notice in writing and in the form prescribed as per the Second Schedule of
the Act. The marriage officer mentioned above shall have jurisdiction
over the area where at least one of the parties has resided for a minimum
period of at least 1 month.
Documents Required-
1. Application
form duly filled and signed by the parties.
2. Receipt of
the fees paid for the application form.
3. Documents proving
the stay of either of the parties for the required period under the
jurisdiction of the marriage officer.
4. Affidavits
from each of the party related to-
· Date of birth of the parties.
· In case party is divorced- decree of the court
· In case the party is widower- death certificate of the previous
spouse.
· Affirmation that the parties are not within the degree of
prohibited relationship.
5. Passport sized photos of both parties as is required by the procedure set.
Publication-
The marriage officer shall publish the notice in some inconspicuous part of his office. All the true copies are to be kept in the marriage notice book. If the parties are not residing in the jurisdiction of the marriage officer, then the copies shall be forwarded to the marriage officer under whose jurisdiction the residence of either of the parties.
Objection-
· Section 7 of the Act provides that any person can raise an
objection to the notice of marriage published in the office of the registrar.
The objection raised can only be on the grounds provided under the Act.
· The objection shall be raised within a period of 30 days from the
date the notice was published.
· The objections raised have to be recorded in the Marriage Notice
Book by the Marriage Registrar.
· The marriage officer has a period of 30 days to enquire the
validity of the objection raised as provided under Section 8 of the Act.
· In case the objection raised was found to be valid, the marriage
won’t be solemnized, however the decision of the marriage officer could be
challenged in the District Court.
· In case the objection raised was found to be invalid or no
objection is raised, the marriage would be solemnized on the date
decided.
Place of
solemnization-
As per Section 12 of the Act, marriage can be solemnized in the office of the Marriage Officer or at a place within reasonable distance.
Certificate-
The marriage
certificate issued will contain the names of the parties, witnesses, marriage
officer as well as their signatures and the date of the marriage.
The Certificate
so issued would be substantive evidence of the solemnization of the marriage
and hence, no other proof shall be required regarding the same.
Conclusion-
It could be
concluded that the Court Marriage In Agra as well as the entire country is a simple procedure
however a few procedures are required where professional assistance could
be of great help. Also, if you are a divorcee and are opting for a second
marriage through court, an additional document of your divorce decree is the
only thing required apart from the necessary documents.
Lead India provides you with professional assistance as well as legal advice from a team of experienced lawyers who have successfully helped their clients through the procedures of court marriage and in case of an objection raised, successful legal representation in the district courts are also provided.
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Court Marriage In
Agra, Court
Marriage In Ludhiana, Court
Marriage In Chandigarh
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