Can We Register Court Marriage Without An Advocate?

The court marriage can be recorded without the presence of a lawyer, and the parties can apply directly with the marriage officer. The procedure for court marriage includes preparing and publishing a notice of intended marriage, and if no objections are raised after 30 days of publication, the marriage can be solemnized. The court marriage fee varies from state to state, often ranging between Rs. 500 and Rs. 1000.

Register court marriage without an advocate?

Yes, you can register a court marriage without an advocate. The process of registered marriage differs from court marriage. In registered marriage, the initial marriage is performed according to rituals, by a priest at a temple, or by a molvi, following which both couples apply online for registration. We apply for registration at the registrar’s office; a registered marriage takes only one day, which is faster than a court marriage. It is not required to use an advocate to register a marriage; instead, if you understand the process, you can file for registration on your own. However, for further information on the issue of court marriage procedure, or if you want to get married through the court, you can contact an experienced advocate.

The procedure of court marriage

Court marriage in India consists of the following steps:

• Notice of Intended Marriage: The first step is to draft a notification of intending marriage. The parties to the marriage must provide the Marriage Registrar with the notice in the prescribed format.
• Publication of the Notice: The marriage registrar publishes the notice by posting it at the Marriage Registrar’s office, and the original copy is maintained with the office records.
• Objection to Marriage: Any person may object to the marriage within 30 days of the notice’s publication. If there are no objections, the marriage may be solemnized.
• Solemnization of Marriage: The marriage can be solemnized in court in front of a Marriage Officer and three witnesses. The marriage officer executes the marriage without regard for caste, creed, or religion.
• Marriage Certificate: Both parties and three witnesses must sign the marriage certificate, which is then recorded in the marriage certificate book by the marriage officer. The marriage certificate provides conclusive proof of the marriage.
• Court Marriage charge: The parties must pay the court marriage charge at the marriage officer’s office. The court marriage price varies by state, typically ranging from Rs. 500 to Rs. 1,000.

The notice period for court marriage in India

The notice period for a court marriage in India is 30 days. According to the Special Marriage Act of 1954, a notice of intended marriage must be sent to the Marriage Registrar at least 30 days before the proposed marriage date. The notice is displayed on the marriage registrar’s office notice board for 30 days, giving anyone with valid objections the opportunity to raise them within that time. If no objections are raised, the marriage can proceed once the 30-day notice period has expired. This notification time is a legal necessity to invite and address any objections to the proposed marriage.

Role of the marriage registrar in court marriage in India

In an Indian judicial marriage, the marriage registrar’s job is to oversee and enable the marriage’s solemnization and registration. The registrar’s duties include:

• Receiving and Processing Documents: The registrar accepts and processes documents from the parties wishing to marry, such as the notice of intended marriage, application forms, and supporting identification and address proofs.
• Publication of Notice: The registrar posts the notice of intended marriage in the Marriage Registrar’s office and preserves the original copy in the office records. This notification is shown for 30 days to invite and address any objections to the proposed marriage.
• Solemnization of Marriage: After the 30-day notice period has expired, and there are no objections, the registrar solemnizes the marriage in the presence of the parties and witnesses. The marriage is done under the Special Marriage Act of 1954, with no discrimination based on caste, creed, or religion.
• Marriage Certificate Issuance: After the marriage is solemnized, the registrar puts the marriage’s data into the marriage registration online certificate registry. The registrar then issues a certificate of marriage, which acts as definitive evidence that the marriage was solemnized.

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