Are You Planning To Do Court Marriage? Here’s How It Works Under The Special Marriage Act

Introduction

You wish to do court marriage but you are facing difficulty in performing so because your partner belongs to different religion. Are you unaware of your legal rights and the procedure to be followed under Special Marriage Act? Or you are facing threat and harassment from your family? Mostly, couple chooses to do court marriage due to its nature of simplicity, as compare to traditional marriage.

The Special Marriage Act 1954, allows people of different religion to get married legally without performing any religious rituals and customs. This guide will assist you with the step by step process to perform court marriage and required documents.

Are you eligible for Court Marriage under the Special Marriage Act?

Not every person is eligible to marry under Special Marriage Act. The eligibility depends on the various factor:

1. Age Requirement: The legal age to get marry under Special Marriage Act is 21 years for boy and 18 years for girls.

2. Mutual Consent: Both the partners should give mutual consent to marry each other. Forced marriage will not be considered valid.

3. Marital Status: Both the partners must be unmarried. If they are married previously, then that marriage must be legally annulled or divorced. 

4. Prohibited Relationships: The partners should not be closely related by blood with each other, otherwise it will be considered void.

5. Mental Capacity: Both the partners must have mental ability to accomplished the responsibility of marriage.  

What is legal process to do court marriage under Special Marriage Act?

Step 1: Notice of Intended Marriage

The first and foremost step of registering marriage is acquiring notice regarding intention of registering marriage. Any one party has to send a written notice which is mandatory as per section 5 of Special Marriage Act to the marriage registrar, showing the intention of the parties to marry each other 30 days prior to marriage.

Which registrar office should you visit? You can visit the office in the area where the marriage was solemnized, or where either spouse has resided at least 30 days.

Step 2: Publishing of Notice

The notice which is sent to the marriage registrar shall be published by the officer by affixing it to a place in his office which is clearly visible while retaining the original copy in his notice book.

Step 3: Objection to Marriage

Section 7 of the Special Marriage Act mentions that any person who has an objection to the marriage so intended to be registered can raise objection within 30 days from the date of publication of the notice.

Step 4: Declaration by Parties and Witnesses

If there is no objection, then the procedure moves further and then both the parties has to be physically present at the time of registration along with the required witnesses who declares that the parties are marrying each other with free consent. The declaration form has to be signed in the presence of the marriage registrar.

Step 5: Procedure for Marriage Certificate

Once the solemnization of the marriage takes place according to the laws of Court Marriage, the registrar enters the details of the marriage, in the marriage certificate according to the Schedule IV of the Special Marriage Act.

What type of objection is raised during notice period? 

The objection can be raised by anyone. The valid objection includes, like underage marriage, one party is already married, prohibited relationship between parties, marriage is being done by fraud or without consent.

What happens if someone files an objection to our court marriage? 

After objection is raised, it is duty of marriage registrar to verify the objection. If the objection is found to be untrue and invalid, then the marriage can proceed. But, if the objection is legally true, then marriage cannot be proceeding further.

But, in case if the dispute still arises and registrar refuses to register your marriage then you can approach or file an appeal to district court within 30 days from the date of refusal. If the court confirms that objections are invalid, then it can order the officer to proceed with the registration process.

After how much time is the Marriage Certificate is issued? 

The marriage certificate is issued by registrar within 15 – 30 days from the date of verification.

Can Parents legally interfere in a Court Marriage? 

Couple has right to marry each other. Parents do not have legal right to interfere in court marriage because there consent under Special Marriage Act is not required. But although parents can raise objection during notice period.

Is police verification involved during objections? 

Police verification is only involved when there is objection raised by public and the marriage registrar can request the police to verify the objections involved. This also insures that various claim have been verified before the registration process.

What documents are required for court marriage under Special Marriage Act?

• Identity and address proof of both the partners

• 3-4 recent passport-sized photographs of both the partners

• Age proof documents like Birth certificate or 10th class mark sheet

• The compulsory 30-day notice of intended marriage

• At least 3-4 witnesses must be present at the time of registration along with their Identity proof

What can you do if your family threatens or harasses you?

Most of the couple faces threat, intimidation and harassments from their families if they perform inter religion marriage against their wish. But the law protects you right to marry freely and provides you with several remedies:

• Firstly, you can file a police complaint and take preventive action against any illegal threats.

• You can also approach High Court to seek protection, obtain restraining and protection order under relevant provisions of Indian law. The court ensures your safety and prevent threat, intimidation.

• You must consult an expert lawyer who will assist you through the process and ensures the smooth procedure of court marriage.

What fee is required to do court marriage under Special Marriage Act?

The court marriage under Special Marriage Act, 1954 requires only a nominal government fee approx. Rs. 150 which varies from state to state. In addition, the advocate fee depends on their skill, experience and complexity of case It also includes assistance with documentation, objections, or protection matters.

How Lead India can help you?

1. Trustworthy & Confidential - We assure you that all your personal details & documents must be kept private. We never share these details with anyone.

2. Expert Advice -. We have the most experienced & provide you with the best guidance regarding the service.

3. Zero Stress - The Parties do not have to worry about the paperwork & complex process at the court. Our Associate will perform all these actions at the court.

4. Top Quality Lawyers - Lead India will help you to choose among the best lawyers to provide the service. There are different associates who work with us, you can choose a lawyer depending upon their practice area, experience & user rating.