What is a Court Marriage?
Court marriage is very different from the traditional marriages which generally take place in between all the family members and relatives by following all the rituals. Court marriages generally take place in the presence of a marriage officer. In court marriage, any two persons Bride and Groom who are eligible can marry each other in the presence of three witnesses. There is no need for any rituals to solemnize the marriage. Presence of a marriage officer and three witnesses is enough. The main important thing in court marriage is that it should satisfy the rules and regulations of the special marriage act, 1954. Any individuals of different genders irrespective of their caste and religion can get marry each other through the court marriage. It is not even mandatory that both the individuals must be of Indian nationals. There can be one Indian national and one Foreign national also.
Court Marriage under Special Marriage Act, 1954
Court Marriage is a union of two soul where oath ceremony is performed according to Special Marriage Act-1954 before the Registrar of Marriage in the presence of three witnesses thereafter a court marriage certificate is issued directly by the Registrar of Special Marriage. The main reason behind the enactment of the Special Marriage Act was to provide a special form of marriage for the people of India and all Indians residing in foreign countries, irrespective of the religion or faith followed by either party, to perform the intended the marriage. According to the Act, the bride and the groom shall observe any ceremonies for the solemnization of their marriage, provided they complete certain formalities that are prescribed for the marriage, by the Act. The Special Marriage Act 1954 has proved to be beneficial for the NRIs, because it provides for the appointment of diplomatic and consular officers as marriage officers (registrars), for solemnizing and registering marriages between citizens of India, in a foreign country. The Special Marriage Act 1954 is applicable throughout India.
Documents required for court marriage:
1. Date of Birth Proof : ( Birth Certificate or 10th matriculation Certificate ) of Bride & Groom.
2. Identity Proof: Aaadhar Card/ Voter ID Card/ Driving License/ Passport of Bride & Groom.
3. Photographs: 9 Passport size photographs of each bride & groom.
4. Witnesses: Three witnesses are required along with their I. D. Proof – Adhar Card / Voter ID Card / Passport / Driving License and two passport size photographs.
If any party is divorcee Certified copy of Decree of Divorce granted by the Court.If any party is widow / widower Death Certificate of the dead spouse.
If any party is a Foreign Citizen or holding a foreign Passport or is having foreign residential address – Certificate of Present Marital Status of the party / No Impediment Certificate / NOC from concerned Embassy and Valid VISA.
Physical presence is required:
For Court Marriage in Lucknow Groom and Bride are required to physically present before the court of marriage officer along with their required all documents and Witnesses also.
Foreigner or NRI Marriage in Lucknow:
If you’re a foreigner who’s dreamed of getting married in India, you may be disappointed to know that it’s a lengthy and time consuming process to do it legally. You should be prepared to spend around 60 days in India. Here are the basic legal requirements for getting married in India.
In India, civil weddings are governed by the provisions of The Special Marriage Act (1954). Under the Act, there’s a 30 day residency requirement, which means that either the bride or the groom has to be living in India for at least 30 days prior to applying to the local registry office to get married. For foreigners, this is evidenced by a certificate from the local police station.
You’ll need to submit your In addition, evidence of eligibility to be married is usually required. Anyone who hasn’t been married should obtain a single status affidavit (in the US), a Certificate of No Impediment (in the UK), or Certificate of No Record (in Australia). If you’re divorced, you’ll need to produce the Decree Absolute, or if you’re widowed, a copy of the death certificate.
If no objections to the marriage are received within 30 days of the application, a civil ceremony at the registry office can then take place. Three witnesses are required, who have to provide passport sized photographs, as well as identification and proof of address. The marriage certificate is usually issued a couple of weeks after the wedding.