What is the procedure of court marriage registration in Delhi ?
Court marriage refers to the proper registration of a marriage between two partners. Allotment of legally married status comes through this procedure. It is executed according to a different process. When it comes to knowing the procedure of court marriage registration in Delhi, we need to focus on certain laws and aspects of marriage allotment in court. Under article 21 of the Indian Constitution, one can marry the person of their choice, irrespective of caste and religion, given that the legal age is obtained. The laws that govern these marriage registration procedures are- Special Marriage Act, Hindu Marriage Act, Anand Marriage Act, Indian Christian marriage & Divorce act and many more.
The process of court marriage varies from a traditional marriage. It comprises many different functions and presence of loved ones, but a court marriage is in contrast to a proper traditional marriage. It only requires the presence of the bride & groom with witnesses and marriage registrar present at the scene. The further celebrations are a decision totally dependent upon the married parties.
Criteria for court marriage in Delhi :-
There are certain basic conditions that need to be fulfilled in order to perform and register a marriage in the court. These are all applicable and without these the marriage can be disputed and considered null and void. The conditions are listed below-
- Age criteria- If one wants to get married, they should fulfill the basic age criteria, which states that the female should be 18 years of age and the male should be 21 years of age before they step into a holy matrimony. These are minimum age requirements in the Indian Subcontinent.
- Mutual consent- As per the dictated laws, both the partners should consent to the marriage. If both the partners are comfortable to perform the act, then only the marriage is registered. Application of mental or physical force is denied and acts as a contempt of court.
- Non- Prohibited relationship conditions- Certain types of relationships are banished under the Indian marriage court and certain religious unions are also debarred. Both the partners should make sure to identify these unions and then approach the court for the procedure of court marriage registration.
- Concurrent relationship- In case of polygamous relationships, the marriage registration will be denied. Both the partners should make sure that they have no active relationships apart from their own. One can present a divorce decree or spousal death certificate to register a marriage that is of recurring nature.
What laws govern marriage registration ?
There are some laws that dictate the basics of marriage registration and the laws that surround the procedure. Let us look into the details for much clearer determination
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Hindu Marriage Act, 1955
Applicable to Hindus, Sikhs, Jains and Buddhists, it takes only 3-4 hours to process the marriage registration under this act. The caste in the case does not matter, and both the partners should belong to the same religion. To love forward under this section, the partners-
– should get married in the premises of an arya samaj temple
– The rituals should be performed in accordance with vedic hindu practices.
– The marriage does not need to be full-fledged in nature, important rituals like Saptapadi (Pheras), Mangal Sutra and Sindur daan need to be performed.
– Witnesses for the same should be present.
– The partners with their witnesses can then approach the court and get their marriage registered and processed. They can obtain their certificates as well.
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Special Marriage Act, 1954
Irrespective of caste and religion, the special marriage act registers spouses that do not need to perform any rituals or traditional acts. This procedure of court marriage registration is seen in many cases. Approval of parents is required under this act since an inter-religion marriage is being performed. It takes about 30-days to complete the procedure of court marriage registration in places like Delhi to check viability.
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Indian Christian Marriage Act, 1872
This is applicable on Christians who wish to apply for marriage in Delhi courts or across India. If both partners are christians, the process goes as follows-
- The partners need to get solemnized in a church in the presence of priests and two witnesses.
- Afterwards, they can approach the court and the marriage will be registered under the mentioned act.
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Muslim Personal Laws
According to Sharia laws, the muslims cannot get married under any of the mentioned laws. To follow rules and get court marriage registration in delhi, the procedure for muslims is as follows-
– The partners must perform nikah and sign a nikah nama in presence of a kazi and witnesses.
– Once this process is completed, the marriage will be registered and the certificate can be collected afterwards.
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Parsi Marriage and Divorce Act, 1936
Presiding over all Parsi individuals, this act is applicable on all Parsi marriages. The individuals where both spouses belong to the parsi community can register their court marriage with the procedures.
List of Important documents required for the court registration
The following is required from both the spouses –
- Identity proof- Documents like Aadhaar Card/ PAN card/ Driver’s license or Passport can be used to prove identity.
- Address proof- Aadhar Card/ Voter ID/ Electricity or gas bills/ Property agreement can be used to determine residential proof.
- DOB proof- Birth certificate or class 10th marksheet can be submitted
- Divorce proof- in case of a remarriage, the concerned spouse should submit a legal decree stating the dissolution of previous marriage.
- Death certificate- In case of a remarriage, if the ex-partner is no more, a death certificate should be submitted.
- Passport size photographs- Preferably 5-10 photographs should be submitted for various documentations.
The following is required from the witness parties-
- Identity proof- PAN card/ DL or passport can be submitted.
- Address proof- Aadhar Card/ Voter ID/ Electricity or gas bills/ Property agreement can be used to determine residential proof.
- Passport size photographs- preferably carry 5 photographs for various documentations.
Step By Step Procedure of Court Marriage registration in Delhi
There are some basic consultations and steps involved in registering a marriage. Since it is a legal process, one might need some guidance and need to find solutions for the same.
We have listed the steps in an orderly manner so expecting spouses can find it easier to navigate their journey of court marriage registration procedure.
Step 1- Find a suitable matrimonial lawyer for consultation
A lawyer dealing in court marriage can easily be found through a normal search or visit to the court. The process is quite hassle free if one moves through the lawyer. With a simple information exchange and payments, you can move forward since all the documentation and paperwork will be taken care of by your lawyer. The papers will be forwarded to the marriage registrar and you will be all set to move forward with the process.
Step 2- Sending a notification to marriage registrar’s office
The next step is to notify the chamber of the marriage registrar of the district you are applying from. There are various districts, and one must keep in mind to choose the district where one of the partners has been residing for more than 30 days in continuation. For the registration, you need to proceed with the application at least 30 days before the marriage takes place. This application will be signed by both partners to show their participation. This application will be filled for you under your lawyer’s guidance.
Step 3- Display of “Intended Marriage” notification
The application will be followed by an intended marriage notice which will be displayed on the forum and distinguishable places for at least 30 days. Under Section 6 of special marriage act 1954, this display is intended for proper display and disclosure of information. The marriage registrar maintains this record with all applications, which is called the marriage notice book in simple terms.
Step 4- Objection to marriage
The intended marriage notice is put up in order to know the intentions of someone who objects to the marriage or in some other case, any illegality is involved. If the above are the cases, they can directly contact the registrar’s office and an investigation will be done to clarify these concerns. In case problems emerge, the marriage office holds the right to terminate the marriage process Upon clarification, the process is carried on and the spouses can get married after a specific time window.
Step 5- Completion of court marriage registration process
Since this marriage is very different from a traditional one, the process is quite simple and quick. The partners can sign the provided documents in presence of at least 2 witnesses and a marriage registrar. The process will be completed and they can attain their marriage certificate in a few days.
Conclusion
The court marriage process is a big step, a legal bond that seals the fates of two people residing in holy matrimony. In order to take care of such issues, one should make proper arrangements and research their way around such a tedious process. Couples can easily navigate their way through the guidance provided in this article and form a clear plan to approach the big step they are about to take in their lives. Ultimately, this decision is something that should be taken care of very properly every step of the way. Individuals can stay aware and more updated through such inclusive and well-detailed regulations in order to have a smooth and hassle free court marriage registration process.
FAQ
- Is there a late fee if the marriage is registered late in Delhi?
Yes. If the partners fail to register their marriage within 6 months of getting married, there shall be a fine of Rs. 1000.
- Who can serve as a witness in a court marriage ?
Anybody who is 18 years of age and above, with sound mentality and not a spouse can serve as a witness for registration. Also, no matter whether the witness is your family member, Relative, Friend, or any other, the person entitled to be a witness must attain a relationship with you. Also, if no parents are available at your marriage as witnesses you need to issue a dedicated affidavit claiming that you’re performing your marriage with your consent.
- What is the price for a tatkal court marriage in Delhi ?
Deciding the price of tatkal court marriage is not possible. This is because it depends on various factors. Some court marriage associates charge a higher amount, but some claim to complete your marriage with a decent amount.
Well, the price of a tatkal court marriage is comparatively higher than a normal court marriage registered under the Special Marriage Act, 1954 but you can perform the tatkal court marriage under the price range of Rs. 10,000 to Rs. 15,000.
- What are the charges associated with court marriage ?
If you want to perform your court marriage under the Special Marriage Act, 1954 then it will take 30 days to complete the procedure.
The fees of court marriage depend upon various factors like in which city/state you’re living, which type of court marriage firm you’ve hired and others.
But for estimation, we can say that if you hire a decent court marriage associate who wants to perform your court marriage in the best possible way then it will cost you around Rs. 10,000 to Rs. 15,000 including all expenses.
- Can foreigners also get married through court marriage ?
Yes. Under the Special Marriage Act of 1954, a non-citizen can also get married. If one of the spouses is from another country, they should complete the marriage notice period in the marriage registration office and proceed with the marriage process.
- Can we get married online in Delhi ?
No. It is not possible to get married online in Delhi. The registration for the paperwork can surely be done on the online panel but the spouses will have to be physically present with their witnesses to register their marriage at the registrar’s office.
- Is parent consent required for the marriage ?
Not necessarily. If the spouses belong to the same caste or religion, they can get married as per their traditional ceremony first in their place of worship, and the marriage can be registered under other acts that do not require parental consent. Afterwards, they can approach the court, follow the required procedure and attain their marriage certificate in the upcoming days.
- Is there a provision for Tatkal court marriage ?
Under the directives issued by the revenue department of the Delhi government, the process of court marriage registration in Delhi can be registered under the tatkal service. In this service, the spouse can obtain a marriage certificate in less than 24 hours, provided that there is a fee for it and certain conditions that need to be met for fast approval.
- Is it possible to complete a court marriage in one day?
Yes, there is a provision through which you can get married to your partner within 1 day. The provision is called Tatkal court marriage/Instant court marriage/Same-day court marriage. Under this provision, the court will allow the couple to complete the marriage and get the marriage registration within 1 day. You just need to visit the court once and within a couple of hours, all the proceedings of court marriage get done.
But it is only possible in some states (Uttar Pradesh) and if you’re living in that respective state (Uttar Pradesh) then you can easily register your marriage within 1 day. Otherwise, you can talk to a reputed court marriage lawyer to get the best possible solution.