Statements Of Court Marriage

By Author: sudarshan singh
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The Special Marriage Act (Court Marriage) was endorsed to provide a special form of marriage for any individual in India and all Indian nationals in foreign countries without discriminating their the religion or faith pursued by either party to the marriage. The parties may survey any ceremonies for the solemnization of their marriage but some particular formalities are approved before the marriage officer and he can register the marriage. For the provision of the Indian citizens abroad, the act provides for the engagement of diplomatic and consular officers. The marriage officers solemnize and register marriages between citizens of India in a distant country. The Act is pertinent throughout the country except the state of Jammu and Kashmir.

The Act mentions that a marriage between two persons can be legally recognized, if the following circumstances are satisfied at the time of marriage:
• Neither of the two parties should have a spouse living at the time of marriage.

• Neither of the two should be incapable of giving a suitable consent to the marriage due to unsoundness of

• Neither of ...
... the party should suffer from mental disorder of such a kind or to such an extent that is unfit for marriages and the procreation of children.
• Neither party should have been subjected to repeated attacks of epilepsy or insanity.

• At the time of marriage the groom should attain the age of 21 years and the bride should be of 18 years of age.

• Both the parties should not come within the degrees of prohibited relationship; provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship.

The Court Marriage Officer shall ensure to keep all notices provided under Section 5 with the records of his office and shall also immediately deliver a true copy of every such notice in a book arranged for that purpose. The Court Marriage Officer shall give such notice to be published by affixing a copy and keep in some safe place in his office and before the expiration of 30 days from the date on which the notice was published any person can come up and object to the Court Marriage that it would disobey any of the circumstances necessary for the marriage.

Prior to the solemnization of the Court Marriage, the parties and three witnesses must sign a declaration in the presence of a marriage officer, who will also sign the document. The Court Marriage will be solemnized in any structure that the parties wish to adopt as long as the solemnization occurs at the marriage officer`s office or any place that the marriage administrator sanctions. The three witnesses must countersign the certificate. The entry of the certificate in the book is supposed to be conclusive evidence of a lawful marriage.

Any marriage in India may be registered under this Act. The parties must apply for the marriage registration jointly. After serving the notice period of 30 days to the public, the Court Marriage officer will enter the certificate into the Marriage Certificate Book. The spouses require three witnesses to sign the certificate.

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