Review of Court Marriage

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A marriage which has already been solemnized can be registered either under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Janis or Sikhs or where they have converted into any of these religions. Where either of the husband or wife or both are not Hindus, Buddhists, Janis or Sikhs, the marriage is registered under the Special Marriage Act, 1954.

A marriage in India is required to be registered in most of the cases. The state governments have or are planning to make the registration of marriage compulsory in all the cases. A marriage certificate is also required in most cases for visa purposes. Moreover, the Indian Special Marriage Act, 1954, which applies to all citizens irrespective of their religion, requires the registration of marriages by a marriage officer. The Indian Christian Marriage Act, 1872, makes the registration compulsory, as it provides for entry in a marriage register kept in the Church soon after the marriage ceremony along with the signatures of the bride and bridegroom.

The parties can directly apply to the Marriage Registrar for performance & registration of marriage and grant of marriage certificate, which is generally termed as Court Marriage. The Hindu Marriage Act, 1955, certain provisions exist for the registration of the marriages, but it had been left to the discretion of the families of the bride and bridegroom to either solemnize the marriage before a registrar or register it after the ceremony in traditional way. The non-registration of a marriage does not invalidate it under the Hindu Marriage Act.

The Parsi Marriage and Divorce Act, 1936, makes the registration compulsory.

Court Marriage is a civil contract, and hence, there are no rites or ceremonial requirements. As per law - The parties have to file Notice of Intended Marriage in the specified form to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given; Practically – Marriage Registrars only accepts application from marrying persons in which case at least one of the parties has residence proof of the place of his jurisdiction.

 Any person may file objection to the marriage on the ground that it would contravene one or more of the conditions of marriage before the expiration of thirty days from the date on which any such notice has been published. After the expiration of thirty days from the date on which notice of an intended marriage has been published, the marriage may be performed and registered by the marriage registrar, unless it has been previously objected to by any person.

Marriage shall not be complete and binding on the parties, unless each party says to the other in the presence of the Marriage Officer and three witnesses and in any language understood by the parties, — "I, (A), take thee (B), to be my lawful wife (or husband). It is a marriage done at a court house or in chambers. There may be one or two witness and a few family members / friends as guests. It is not a religious ceremony.
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