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Writer's pictureLead India
Oct 26, 20234 min read

What Is The Process Of Court Marriage In Noida ?

Court marriages in Noida, unlike customary practices of one’s religion, are done according to the provisions of Special Marriage Act, 1954. As per the Act, marriages could be solemnised in the court in the presence of the marriage officer and three witnesses.

Eligibility for court marriage procedures ?

Two individuals who belong to different genders, of different castes, religions, places etc. can register for marriage through the Court.

However, certain conditions are there which have to be fulfilled in order to register for court marriage-

  • Parties applying for the court marriage must not be married previously, in case either of the parties were married previously, no living spouse should be there at the time of court marriage, i.e. the person applying for court marriage, if was married earlier to some third party, then while applying for court marriage, the respective party should be either a divorcee or a widower/widow.

  • The groom should be 21 years old and the female should have attained the age of 18 years old.

  • As per the provisions of the Act, parties applying for court marriage should not fall within the degrees of prohibited relationship .Marriage between people in relationships that fall within the range of forbidden relationships is permitted provided the customs governing at least one of the parties approve it.

Documents necessary for court marriage:

  • Application form must be filled and signed by the parties properly

  • The application form must be accompanied by a receipt for the application cost.

  • Documents which prove the date of birth of the parties to the court marriage.

  • Documentary evidence proving that the parties stayed in the area under the jurisdiction of the marriage officer for 30 days.

  • Affidavits from both parties about-

  • Date of birth of parties

  • Present marital status of both parties i.e. if they are unmarried, divorcee or widow/er

  • Affirmation from parties that they do not fall within the degrees of prohibited relationship as provided by the Act.

  • Passport size photos of the parties.

Procedure for the Court Marriage-

According to Chapter II of the Act, titled as “solemnization of special marriages”, the court marriage procedure is as follows-

  • Notice for intended marriage

  • A notice must be provided to the marriage official, according to Section 5 of the Act.

  • The parties would have to submit the notice in writing as well as in the form which has been prescribed under Schedule II of the Act to the Marriage Officer.

  • The marriage officer mentioned above, should have jurisdiction over the area where at least one of the parties applying for court marriage has been residing for a period not less than 1 month.

  • Publication

  • The notice will then be published in some inconspicuous part of the office of the Marriage Officer by him, from where such notice is visible to the general public.

  • All true copies of notices have to be recorded in the marriage Notice Book.

  • If the respective parties do not reside in the area under the jurisdiction of the marriage officer then the copies of the said notice will be sent to the marriage officer under whose jurisdiction either of the parties reside. .

  • Objection

  • An objection to the marriage registration in noida could be raised by anyone as has been provided under Section 7 of the Act of 1954, on the grounds provided in the Act under Section 7.

  • These objections must be made within 30 days of the notice's publication date.

  • The objection so raised will then be recorded in the marriage Notice Book by the Marriage Officer .

  • As per Section 8 of the Act of 1954, marriage officers will have a period of 30 days to enquire about the validity of the objections raised.

  • In the event that the expressed objections were deemed to be invalid, the marriage would then be solemnised.

  • However, if the objection so raised was found valid by the Marriage Officer then in this condition, court marriage would not be solemnised in the court, the matter, however could be further registered on appeal in the District Court by the parties concerned.

  • Place of solemnisation

  • Under Section 12 of the Act, court marriage could be solemnised at the office of the Marriage officer or any such place which falls within a reasonable distance of the office of the Marriage Officer.

  • Marriage should be solemnised only when the interested parties in the presence of the marriage officer affirm that they intend marry the other party in the presence of the three witnesses

  • Certificate of marriage

  • The marriage certificate will be issued to the parties, which shall include the name of the parties, witnesses, and the marriage officer as well as their signatures, including the date of marriage. The official marriage certificate that was issued is proof beyond a reasonable doubt.

Conclusion

It could be concluded by the above article, that the marriages in Court are solemnised by the marriage officer, who is the only authority verifying the validity of the documents or the objections raised, if any.

The procedure for the court marriage, though, requires a number of steps to be followed, which could be easily completed with the assistance of experienced court marriage lawyers in Noida.

Thus, if you have decided to get married through court marriage, it is advised that you talk to a lawyer before starting the procedure or you can also seek legal advice online by contacting us at Lead India.

Call Us: +91–8800788535

Email: care@leadindia.law



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