Lead India: DOCUMENTS REQUIRED FOR SECOND COURT MARRIAGES AFTER DIVORCE

Tuesday 9 August 2022

DOCUMENTS REQUIRED FOR SECOND COURT MARRIAGES AFTER DIVORCE

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. 

SOURCE

Visit us: - https://www.leadindia.law

Call Us: - +91-8800788535

Email: care@leadindia.law

YouTube: - https://www.youtube.com/c/LeadIndiaLawAssociates

Facebook: - https://www.facebook.com/leadindialaw

LinkedIn: - https://www.linkedin.com/company/76353439

Twitter: - https://twitter.com/leadindialaw

Pinterest: - https://in.pinterest.com/lawleadindia

Instagram: -https://www.instagram.com/leadindialawofficial 

Court Marriage In Agra, Court Marriage In Ludhiana, Court Marriage In Chandigarh         


No comments:

Post a Comment

Is Arya Samaj Marriage Certificate Is Valid To File Divorce

     The Vedas, the oldest Hindu scriptures, is the subject of Arya Samaj's emphasis on their restoration. These marriages can be perfor...