WHAT IF I WANT TO DO COURT MARRIAGE WITH A MENTALLY UNFIT PERSON

In India, court marriage takes place as provided under the Special Marriage Act, 1954, and is applied all over the country. court marriage in Noida is allowed without any discrimination on the basis of caste, religions, place of birth, race, etc. The interested parties can apply directly to the Marriage Registrar in order to get the marriage certificate.

Eligibility-

• Parties shall not be married at the time of court marriage.
• Bride at the time of marriage should be 18 years old or more, while the groom shall be 21 years old.
• The parties shall not be of unsound mind, i.e. they should be able to give a valid consent at the time of marriage.
• Parties shall not be suffering from any kind of insanity or mental disorder.
• The parties shall not be within the degrees of prohibited relationship.

Documents required-

The following documents are necessary to be submitted for applying for court marriage in patna-

• Application form duly filled and signed by both the parties.
• Proof of date of birth of the parties.
• Residential proof of the parties.
• Two passport sized photos of the parties.
• Death certificate of the previous spouse, if one of the parties to the court marriage is a widow/er
• Divorce decree in case one of the parties is a divorcee.
• Affirmation by the parties that they are not related to each other within the degrees of prohibited relationship.

Procedure for the court marriage-

1. Notice of marriage- the parties need to file a notice for the court marriage to the marriage officer of the district. The notice shall be given in writing is provided under the Second Schedule to the Marriage Officer.
2. Publishing the notice- the notice to the marriage shall be published by the marriage officer in some conspicuous place in his office for a period of 30 days for any kind of objection to the application for court marriage. In case no objection has been raised, the marriage officer allows the marriage.
3. Objection to the marriage- As provided under the Section 7 of the Act, an objection to the application for the court marriage in pune could be raised by anyone on the grounds provided under the Act. The marriage officer under section 8 of the Act, shall inquire about the validity of the objection within 30 days. In case the objection is found invalid, the marriage shall be solemnized by the officer on the given date.
4. A declaration by the parties- before solemnizing the marriage, three witnesses are required in the court marriage. Signature and declaration as provided in the Third Schedule, in the presence of the Marriage Officer by the parties as well as the witnesses are required.
5. Certificate- after the above-mentioned steps have been followed, the marriage officer will issue the marriage certificate, which is signed by the parties and the three witnesses, this certificate is the conclusive evidence of the court marriage.

Conclusion­

As mentioned above, the marriage cannot be performed by a person of unsound mind. While going through the process of marriage, a person shall be aware of the decision he is making and shall be in a condition to give his valid consent. A marriage with a person of unsound mind shall be held void.

Lead India offers you a team of experienced advocates, who have been successfully handling cases related to court marriages and matters related to family law. To seek legal advice or assistance, you may contact us.

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