Court Marriage Process in Delhi 2023: Application, Fees and Requirements
Court marriage, also known as civil marriage, is a legal process by which a couple gets married in a court of law instead of following traditional marriage customs and rituals. The court marriage process is a simpler and more straightforward way of getting married, and it is recognized under Indian law.
In Delhi, court marriages are governed by the Special Marriage Act, of 1954. This act allows two people of any religion, caste, or nationality to marry each other in a court of law without the need for any religious ceremony. The marriage can take place in the office of the Marriage Registrar or any other location that is approved by the Registrar.
The process of court marriage in Delhi involves a few simple steps. The first step is to give notice of the intended marriage to the Marriage Registrar. This notice has to be given at least 30 days before the intended marriage date. After the completion of the notice period, the Registrar will verify the documents and other details of the couple. Once the verification is done, the marriage can take place in the presence of three witnesses and the Marriage Registrar. Court marriage Delhi is a simple and straightforward process, and it provides a legal and valid way for couples to get married. It is especially beneficial for couples who want to get married without the involvement of their families or who belong to different religions or castes.
How to apply for court marriage in Delhi?
To apply for court marriage in Delhi, you can follow the below steps:
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- Notice of Intended Marriage: The first step is to submit a Notice of Intended Marriage to the Marriage Registrar of the district where either the bride or the groom has been residing for at least 30 days before the date of submission of the notice. This notice should be submitted in the prescribed form along with the requisite fee and necessary documents. The notice will be published on the notice board of the office of the Marriage Registrar.
- Waiting period: There is a waiting period of 30 days from the date of publication of the notice before the marriage can be solemnized. During this period, objections can be raised by any person against the intended marriage.
- Verification: If there are no objections, the Marriage Registrar will verify the documents and issue a Certificate of Marriage.
- Marriage ceremony: The marriage can be solemnized after the issuance of the Certificate of Marriage. The parties can choose to have the marriage ceremony at the office of the Marriage Registrar or any other place of their choice.
What are the requirements for registration marriage in Delhi?
To get married through a court marriage Delhi, you need to fulfill the following requirements:
1. Age: The minimum age for the bride is 18 years and for the groom, it is 21 years.
2. Residence: Either the groom or the bride should have lived in Delhi for a minimum of 30 days before application date.
3. Documents: You will need to submit the following documents:-
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- Application form signed by both parties
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- Proof of date of birth (such as a birth certificate or school leaving certificate)
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- Address proof (such as a driving license or Aadhaar card)
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- Affidavit stating the place and date of marriage, date of birth, marital status, and nationality of both the parties
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- Two passport-size photographs of each party. If either party is a divorcee, then a certified copy of the divorce decree is required. g) If either party is a widow or widower, then the death certificate of the deceased spouse is required.
4. Witnesses: You will need to have at least two witnesses present at the time of the court marriage. The witnesses can be family members, friends, or colleagues.
5. Fees: You will have to pay the prescribed fee for court marriage in Delhi. The fee varies based on the location of the court.
Once you have all the necessary documents and have paid the fee, you can apply for court marriage in Delhi. The process may vary slightly depending on the court you choose, but typically, you will need to appear before a Marriage Officer with your witnesses on the scheduled date and time for the marriage ceremony. After the completion of the ceremony, you will be issued a marriage certificate.
A step-by-step process for applying for a court marriage in Delhi
Here is a step-by-step process for applying for a court marriage in Delhi:
1. Notice of Intended Marriage: The first step in applying for court marriage in Delhi is to give notice of your intended marriage. The notice should be given to the Marriage Officer of the district in which either party has resided for at least 30 days prior to giving the notice. You can obtain the application form for the notice of intended marriage from the office of the Marriage Officer or download it from the official website of the Delhi Government.
2. Submit Required Documents: Along with the application form, you will need to submit the following documents to the Marriage Officer:
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- Proof of age (birth certificate, passport, etc.)
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- Address proof (Aadhar card, voter ID, etc.)
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- Passport-size photographs of both parties
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- Divorce decree, if applicable
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- Death certificate of spouse, if applicable
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- Affidavit regarding the marital status of both parties
3. Publication of Notice: After submitting the notice of intended marriage and required documents, the Marriage Officer will publish a notice of your intended marriage on the notice board of the office. This notice will be displayed for 30 days.
4. Objections: During the 30-day notice period, if any person has objection to the marriage, they can raise their objections with the Marriage Officer.
5. Verification of Documents: After the 30-day notice period, if no objections are raised, the Marriage Officer will verify the documents submitted by both parties.
6. Registration of Marriage: Once the Marriage Officer is satisfied with the documents and there are no objections, the marriage will be registered. You will need to appear before the Marriage Officer along with three witnesses on the date and time assigned by the Marriage Officer. After verifying the identity of all the parties, the Marriage Officer will register the marriage and issue a marriage certificate.
Note: The process and required documents may vary slightly depending on the district and jurisdiction of the Marriage Officer. It is recommended to check with the respective office for specific requirements.
Is court marriage a good option in India?
Whether or not a court marriage is a good option in India depends on individual circumstances and preferences.
In India, court marriage is a legal alternative to traditional marriage ceremonies, where the couple can register their marriage with a court of law without any religious or social customs. Court marriages are usually simpler and less expensive than traditional marriages, and can be a good option for couples who prefer a more private or low-key ceremony, or for couples from different religions or castes who may face opposition to their marriage from their families.
However, it’s important to note that court marriages may not be recognized by some communities or families in India, and may not provide the same level of social acceptance as traditional marriages. Additionally, court marriages may not provide the same level of protection for women in terms of legal and financial rights as traditional marriages do, so it’s important to consult with a legal professional to understand the implications of a court marriage before making a decision.
Ultimately, the decision to opt for a court marriage in India is a personal one and depends on individual circumstances and priorities.
Conclusion
The requirements for inter-caste court marriage in Delhi do not differ. The requirements for inter-caste court marriage in Delhi are governed by the Special Marriage Act, 1954, which applies to all marriages in Delhi, regardless of the caste, religion, or ethnicity of the individuals involved.
To register for a court marriage in Delhi, both parties must meet the following requirements:
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- They must be at least 21 years of age if male, and 18 years of age if female.
- They must not be within the prohibited degrees of the relationship as per the law.
- They must be mentally sound and capable of making decisions for themselves.
- They must not have a living spouse at the time of marriage.
- They must provide valid proof of identity and age, such as a passport, Aadhaar card, or driving license.
In addition to the above requirements, both parties must also give notice of their intention to marry to the Marriage Officer of the district in which they reside, and wait for a period of 30 days before the marriage can be solemnized. During this period, objections to marriage can be raised by anyone who has a valid reason to do so. The requirements for inter-caste court marriage in Delhi are the same as those for any other court marriage in Delhi, and they are governed by the Special Marriage Act, 1954.
Suresh Gupta is a divorce lawyer with over three years of experience practicing in the Rohini/Dwarka court in Delhi. He has extensive knowledge of divorce law and has helped numerous clients navigate the complexities of divorce proceedings. With his compassionate approach and sound legal advice, Suresh Gupta has earned a reputation as a skilled and dedicated lawyer in his field.