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Considering A Court Marriage? Here’s Everything You Need To Know For A Hassle-Free Process

khushboo sharmakhushboo sharma  |  May 21, 2021
Considering A Court Marriage? Here’s Everything You Need To Know For A Hassle-Free Process

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All the weddings that happened like COVID-19 never existed have been the most unsettling part of the past few months for me. No, I am not judging anyone. However, I do have my reservations about hiring dhol walas and bands while the country struggles with an unprecedented pandemic. That said, life has to go on and there are commitments that need to be fulfilled. We do realise that weddings are an important milestone for so many and no one is obviously expected to indefinitely defer their D-day. However, given the current situation, there is definitely a need to rethink our approach to weddings. 

This isn’t really the time for a big fat Indian wedding. If you are planning to go for a court marriage, we are here to help you with details. A court marriage is the only way to fulfill your commitment without putting yourself and the people around you at risk. We recently reached out to lawyer Tanya Appachu (also known as YourInstaLawyer) to find out answers to your questions about court marriages in India. Scroll down to read everything that you need to know about court marriages in India:

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The Special Marriage Act of 1954

In India, marriages are governed by religious laws. There are certain rituals that are followed by religions for marriages to be fulfilled. Like for Hindus, the saptapadi is an important step in marriage. However, if a couple doesn’t want to follow the religious rituals or belong to different religions and want to get married without converting then they can do so under the Special Marriage Act of 1954. “Special Marriage Act is an Act which provides for a civil marriage between two Indians or an Indian with a foreign National irrespective of religion or faith,” explains Tanya.

Legal Requirements

To get married under the Special Marriage Act, there are certain requirements that need to be fulfilled. They include: 

-You need to start by making a notice of marriage to the marriage registrar in your district.
-The groom should have completed 21 years of age and the bride should have completed 18 years of age. 
-Both bride and groom should be of sound mind and capable of giving consent.
-The bride and groom should have lived in the city where they are making the application for at least 30 days before the date of making the application.
-Both the parties should not have any living spouse at the time of getting married.
-The couple that intends to get married should not be in a prohibited degree of relationship i.e. they should not be related to each other.

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Here Are All The Documents You Would Be Need

The documents that you need to get married under the Special Marriage Act might differ from state to state and district to district. However, the majority of them are common. They include:

-An application form duly filled and signed by both parties
-Date of birth proof (both bride and groom)
-Address proof (both bride and groom)
-Affidavits stating the bride and groom to be’s marital status

Step By Step Process

Here is a step by step process explaining everything that you need to do to get married under the Special Marriage Act in India:

Step 1: Submit a notice of intended marriage to the registrar of your district where you have been residing for at least 30 days. 
Step 2: The notice will be published by the registrar or put up in a prominent place inviting objections if any. 
Step 3: If there is no objection to the marriage for 30 days, the registrar will give you a date for solemnisation of the marriage. These objections are generally raised if you are already married and if that is not the case with you then don’t have to worry about anything. 
Step 4: You need to show up before the registrar along with three witnesses on the given date.
Step 5: You sign your consent, exchange vows, and that’s it. 

Lastly, fam, remember that the country is currently navigating hard times and we are required to act responsibly and avoid huge gatherings at all cost. That said, you can always throw a grand party for your loved ones after all of this gets over, right?

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Featured Image: Instagram