Marriage Relationship and Law

Court Marriage Ghaziabad India

Court Marriage Same Day in Ghaziabad India

Do you know court marriage is one of the easiest and hassle free way to get married. These days many people are preferring to do Court Marriage in Ghaziabad. Ghaziabad is one of the few places in India where court marriage is possible. One get married within a day and that too completely legally.

Why Court Marriage?

Court Marriage Ghaziabad India
Court Marriage Services in Ghaziabad India

Court Marriage is very easy to organize as compared to traditional marriages. Also there is no boundation of religion, and caste in court marriage. Many young couples are opting for court marriage because it does not requires any permission from society. All one needs is to fulfill certain terms and conditions to be eligible for court marriage. Generally these terms and conditions are quite simple and some necessary documents are needed to be produced for before the concerned authority.

Advantages of Court Marriage over Traditional Marriage

No doubt traditional marriages are great fun. It gives an opportunity for close and distant relatives, family and friends to meet on special occassion. Their is lot of fun, celebrations, emotions and memories in traditional marriage.  Nobody wants to miss this large social gathering.  But many a times it is not possible for everyone to get married in traditional way.

Be it any religion traditional marriages are long and expensive affair. It needs lot of planning and time to organize. There are many customs involved in the process of traditional Indian Marriage. A large part of one's savings goes in traditional weddings. It requires huge budget, a huge guest list of relatives and freinds form both sides which constiutues a large gathering. In fact these marriages are such an expensive affair that parents of bride and groom start planning for thier beloved child's wedding before many years. It is better to keep this money for other important phases of life like career, buying a house or financial support or some other important suituations for newly weds. But in society traditional marriages are considered more of a status symbol. More expensive the wedding more it is boost your status. Also relatives and friends are more interested in traditional marrige.

A court marriage may not have all the glitz and glamour of traditional marriage but it is in many ways a better option in cases like inter caste marriage, inter religious marriage, marrying a foreinger or NRI mariage. Also court marriage is a completely legal marriage and marriage ceritificate provided in court marriage is a very vital document which can help the husband and wife in obtaining passport, visa, work permit etc. All in all Court Marriage is a simple and legal way to get married. 

Terms and Conditions for Court Marriage

The following terms and conditions need to be checked for court marriage. 

  • Both the Boy and Girl should be of marriageable age. Eligible age for marriage of boys is 21 years and for girls it is 18 years. If either of the two is less than the eligible age the marriage cannot be solemnized
  • It has to confirmed that the marriage is with mutual consent. Niether the boy or girl should be forced in to marriage under any sort of pressure. 
  • Both the parites should be of sound mind
  • If either of the parties is doing second marriage they need to produce divorce certificate from previous marriage before the marriage officer.
  • The parties should not have any prohibited relation according to the marriage act.

Documents required for a Court Marriage

Some documents are required for court marriage. Here is list of these important documents

Following documents from both the prospective bride and groom for the procedure of Court Marriage.

  • Marriage Application form duly signed by both bride and groom
  • Receipt of fees paid along with the application form
  • Date of birth proof of both bride and groom (Class 10th Certificate/Passport/Birth Certificate)
  • Residential address proof (Aadhar Card/Voter Card/Ration Card/Driving Licence)
  • Affidavit one each from both the bride and groom.

The affidavit about Court Marriage must contain the following Court Marriage information:

  • Date of birth
  • Marital status whether unmarried, divorced or widowed
  • A statement affirming that the parties are not related to each other under the prohibited degree of relationships
  • 2 passport size photographs of both bride and groom
  • Copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower

Who can be a witness to the Court Marriage?

The presence of  witness in Court Marriage is very important.  Relatives, friends or colleagues can become witness in marriage. Total three witnesses are required and they should furnish the following documents before the court.

  • Residential proof of the witness is the most important document which has to be furnished before the Marriage Officer.
  • PAN Card of the witness must also be presented before the Marriage Officer.
  • One passport size photograph each from the three witnesses to the marriage.
  • An identification document of the witnesses such as Driving Licence, Aadhar Card, etc.

What is the procedure of Court Marriage in India?

The procedure for Court Marriage in India can be broadly divided into six steps.

Step 1: Notice of Intended Marriage

The first step of Court Marriage is acquiring notice of the intended marriage. The said notice has to be in accordance with the provisions of Section 5 of the Special Marriage Act. You have to send a written notice mandatorily to the marriage registrar showing the intention of the parties to marry each other. One needs to send the notice to the office of the marriage registrar, in whose district either of the party resides for a minimum of 30 days before sending the notice.

Step 2: Publishing of Notice

The notice sent to the office of the marriage registrar shall be published by the marriage officer by affixing it to a place in his office which is clearly visible while keeping the original copy of the notice in his notice book. If the notice of intention to marry is sent to the wrong office of marriage registrar then he shall forward the same to the officer in whose jurisdiction the parties reside so that the notice can be affixed at the right place.

Step 3: Objection to Marriage

Section 7 of the Special Marriage Act states that any person who has an objection to the marriage so intended can raise the objection within 30 days from the date of publication of notice by the marriage registrar. If the marriage registrar finds that the objection raised is correct, then he/she will end the process for the intended Court Marriage. But if he/she finds that the objection is unjustified, then he/she will proceed with the Court Marriage registration procedure. However, if the marriage registrar sustains the objection, then the parties can file an appeal with the district court against the order of marriage officer/registrar for completing the process of Court Marriage in India.

Step 4: Declaration by Parties and Witnesses 

The next step as provided in the Court Marriage rules is the declaration by parties and witnesses. Before the Court Marriage is finalized, the Court Marriage form has to be signed by the parties along with three witnesses declaring that the parties are doing the marriage with free consent. The declaration Court Marriage form has to be signed in the presence of the marriage registrar.

Step 5: Place and Form of Solemnization

 Section 12 of the Special Marriage Act states that the solemnization of Court Marriage can take place at the office of the marriage registrar or any other place at a reasonable distance. You can also solemnize your procedure of marriage by filling up the form online. The Court Marriage application online includes the payment procedure of Court Marriage fees to complete it.

Step 6: Procedure for Marriage Certificate 

Once the solemnization of the marriage takes place according to the rules and regulations of Court Marriage, the marriage registrar enters the details of the marriage, in the marriage certificate in accordance with Schedule IV of the Special Marriage Act. The Court Marriage certificate is proof of a valid marriage statement signed by the parties and their witnesses and marriage certificate download can be done online also.

Special Marriage Act

Special Marriage Act of 1954 allows inter caste and inter religious marriages. In India mostly wedding takes place among boy and girl of same religion and same caste but it is not necessary for everyone to follow the old traditions follow the norms of society. Hindu can marry a muslim and vice versa. Inter caste marriages are also possible under special marriage act. Certain terms and conditons need to be fulfilled to marry under special marriage act.