Getting married in court is difficult if neither party is familiar with the requirements, eligibility, and paperwork involved in doing so. It is crucial that both parties have a thorough understanding of the Marriage Act, which is the legal framework within which a court marriage can be performed. This article will explain everything you need to know to successfully complete a court marriage.
About the Law
The Special Marriage Act of 1954 governs all marriages performed by the courts. Traditional marriage rituals, which you may be familiar with from your own experience, are not necessary. A court marriage requires the presence of a marriage officer and at least three other witnesses. Possessing all required documentation and maintaining all necessary eligibility standards as outlined by the IPC.
The Special Marriage Act allows for court marriages between people of different genders. You and your partner need not be of the same faith, nationality, or caste to be a couple. Every state follows the same procedure. The Special Marriage Act of 1954 allows two people to choose to get married in court rather than at a religious ceremony. You need to hire a court marriage lawyer in Chandigarh.
The Legal Requirements For Court Marriage In Chandigarh
The following requirements must be met in accordance with Section 4 of Chapter II of this special act in order to apply for a court marriage:
They should not already be married to other people. Both individuals must be single.
The marriage cannot go forward unless both parties give their informed consent in good conscience. The couple must be honest and make it clear that they are choosing to get married in a court ceremony because they want to.
The bride and groom both need to be at least 18 years old and at least 21 years old in order to get married in court.
Each individual must be physically and mentally healthy enough to carry a pregnancy to term.
No one involved should be in any degree of relationship that is forbidden. The couple must be legally able to wed.
Steps To Be Followed For Court Marriage In Chandigarh
In Chandigarh, a court marriage may be performed under a variety of circumstances. First and foremost, you need to hire a best lawyer in chandigarh and then move forward. Let’s break down the procedure for a court marriage application:
What Should Happen if Both People Involved are of the Hindu Religion?
Couples who identify as Hindus are required to submit a marriage notice. The notice must be submitted to the district court within 30 days prior to this notice, where the individual has been a resident.
After that, the marriage registrar checks everything over.
The marriage registrar will make the notice public once it has been filed in case any objections arise.
Also, if the registrar receives no responses to the publicised notice of court marriage, the wedding can move forward.
The act specifies that the marriage must take place in a marriage office.
The marriage must take place in front of a marriage officer in the presence of at least three witnesses.
Refusal of a Court-Ordered Wedding
The couple submits a marriage notice to the registrar, who then publishes it publicly in case anyone has objections. According to Section 7 of the Special Marriage Act, the marriage registrar must conduct an investigation if any person files an objection to this notice within 30 days of publication. A marriage can be annulled if a marriage official finds cause to do so. If no one objects, the wedding will go ahead as planned. Both parties have the right to appeal the registrar’s order to the district court if the marriage officer upholds the objection.
Documents Required for Court Marriage in Chandigarh
According to the rules and regulations for court marriages, the following documents are needed to apply for a court marriage in Chandigarh:
Residence proof of both the parties, Application form along with the fee, 2 passport-size photos of both the couple, Proof of the age of both couples and proof of residence of both couples. If one of the parties is divorced, divorce papers are needed. If one of the parties’ spouses has died, a death certificate is needed.
What Documents Does the Witness Need to Bring?
The three witnesses who must be present at the court marriage with the bride and groom must give the following documents:
One photo the size of a passport from each witness, their PAN card, and their ID (Aadhar, DL, etc.)
Wrap Up!
Getting married in court can prevent a lot of hassles. Nowadays, court marriages are more common than traditional marriages among young people. However, there are unique situations and circumstances that arise in court marriage.
Do you feel overwhelmed by the prospect of having to go through all of this? Have no fear! SL Legal Services, the best law firm in Chandigarh offer the most convenient option for registering your marriage iby doing away with the myriad of paperwork processes normally required. They assist you in registering your marriage and completing all necessary paperwork. They have extensive experience handling a wide variety of legal matters and have built a solid reputation in this field.