Procedure / issues in Court Marriage
Procedure / issues in Court Marriage
‘Court Marriage’ in India is a long procedure. It take minimum of 30 days for a court marriage and this is a legal requirement.
(Please read legal disclaimer by AryaSamaj2.0 written before. In information provided is true to the best of our knowledge and is not for any legal or judicial purpose. Please consult a qualified lawyer for any doubts / clarification).
Under special marriage act ( court marriage ), prospective bride and groom from any part of India, any religious belief can marry. Hence, in this case, court has to apply due diligence from their side. the procedure is as follows
- Couple intending to get married apply to court with full particulars ( their identity, address proof etc. ).
- After examining the documents, the court send information / notice to their residential addresses for verification. A copy of application is also put on the notice board for general public.
- Court has to wait for 30 days for any one ( parents / public at large ) to register any objection ton proposed marriage.
- If no objections are received, then the judge call the couple and declares them married. A marriage certificate is issued by the court.
Can a judge say ‘No’ to Marriage?
Judge has to wait for 30 days for any objection on the proposed marriage. During this period, if any objection is raised then the judge has to legally nullify the objection before marrying the couple. It becomes a legal dispute and may take any length of time.
For example – if during the notice period, a third person notifies that either the bride or groom have been married before or are currently not marriageable due to any reason, the judge has to take cognizance of this objection and put the marriage on hold as per his discretion.
If a couple is planning for a ‘Court Marriage’, it is advisable to engage a qualified lawyer for the purpose. In case of potentially disputable marriages ( like parents objecting to marriage or a third person threatening the alliance), it is good to be extra cautious for court marriage.