How To Get Married With Mutual Consent If Parents Have Not Consented

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Index 

  1. What Is A Court Marriage?
  2. What Is Marriage Registration Eligibility In India?
  3. What Are The Required Documents?
  4. What Are The Fee Requirements?  
  5. What Are The Steps For Court Marriage Through A Lawyer? 
  6. Step-by-Step Guide To Registering A Marriage Without Parental Notice?
  7. What Is A Tatkal Court Marriage? 

 

What Is A Court Marriage?

A court marriage is a legal procedure where two individuals get married under the supervision of a judge. Also known as civil marriage, it involves specific formalities. Marriages in India can be registered under either the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954 if the parents of the partners have not consented to the marriage. Registration is a legal proof of marriage and is crucial for legal protections, especially for women. Since 2006, it has been mandatory to register marriages.

What Is Marriage Registration Eligibility In India?

  1. Neither party should already be married.
  2. The bride must be at least 18 years old.
  3. The groom must be at least 21 years old.
  4. Both parties must not be insane.
  5. Both parties must give valid consent to the marriage or else there will be an offence of abduction. 
  6. Both parties must not have any illicit relationships.
  7. Both parties must be mentally stable.

What Are The Required Documents?

  1. Affidavit:From the couple, detailing the marriage venue, date, marital status, and nationality.
  2. Identity and Nationality Proof:Documents establishing identity and nationality.
  3. Proof of Address
  4. Passport-size Photographs
  5. Age Proof
  6. Marriage Invitation: If applicable.
  7. Witness Details
  8. Marriage Registration Form
  9. Marital Status Proof: If applicable.
  10. Affirmation: That both parties are not related.
  11. Conversion Affidavit: If applicable.
  12. Court Fee Stamp
Also Read  How To File A Case Under The Registration Act?

What Are The Fee Requirements?  

  1. Rs 100/- for the Hindu Marriage Act
  2. Rs 150/- for the Special Marriage Act.

Deposit the fees with the cashier of the District and attach the receipt to the application form.

What Are The Steps For Court Marriage Through A Lawyer? 

Visiting a Lawyer’s Office:

  1. Schedule a meeting with the lawyer.
  2. Answer questions about your relationship status. The lawyer will provide necessary forms and help you fill them out.
  3. The lawyer will handle the paperwork and process.

Steps To Follow:

  1. Affidavit: Your partner must sign an affidavit before a magistrate and registrar, stating no objection to the marriage.
  2. Marriage Licence: Apply for a marriage licence at the local registry office by completing and submitting the application form. Wait 3-4 weeks for a response.
  3. Court Permission: Once you receive a reply, go to court to apply for permission to perform the ceremony, with a fee of Rs.100/- per day.
  4. Permission Slip: Take the court permission slip and application form to the registry office.
  5. Hearing Date: The registry office will schedule a hearing date.
  6. Court Appearance: Appear in court with all required documents on the hearing date. If there are no objections, the wedding will be performed.
  7. Post-Wedding Petition: File a petition in the family court, proving that you have lived together for more than two years.
  8. Judgement: The judge will give a final verdict and order.
  9. Copy of Judgment: Obtain and keep a copy of the judgement.
  10. Registration Fees: Pay the court marriage registration fee of Rs.500/-.
  11. Compliance: Ensure you adhere to all laws moving forward.

Step-by-Step Guide To Registering A Marriage Without Parental Notice?

  1. Both partners must go to the local Marriage Registrar’s office and fill out the application for marriage.
  2. Submit essential documents, including proof of age, identity, and address.
  3.  File a notice of intended marriage with the Registrar in the district where at least one partner has lived for at least thirty days before submitting the notice.
  4. The Registrar will publish a notice inviting objections to the marriage, which can be raised within thirty days.
  5.  If there are no objections after thirty days, the Registrar can proceed with the marriage ceremony and registration.
  6. After the marriage is solemnised and registered, the Marriage Registrar will issue a marriage certificate as official proof of the union.
Also Read  How To File An E-FIR?

What Is A Tatkal Court Marriage? 

In April 2014, the Delhi government’s Revenue Department introduced a ‘tatkal’ service for single-day marriage authorization. This service, operational since April 22, 2014, allows for registration and certificate issuance within 24 hours for a fee of Rs. 10,000

Steps For Tatkal Court Marriage:

  1. Payment: Pay the fee of ₹2100/-.
  2. Login: Visit the website of your district and create an account using your Aadhaar or Voter ID card.
  3. Form Filling: Fill in all the required details and provide witness information.
  4. Create Affidavit: Create an affidavit.
  5. Document Submission: After the SDM accepts the format, attach all required documents.
  6. Appointment: An appointment will be scheduled for you.
  7. Verification: The SDM will verify the file.
  8. Marriage Certificate: Receive your marriage certificate.
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