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Bollywood’s ‘Circuit’ i.e. actor Arshad Warsi is in the news these days. The reason is to register your marriage in the court after 25 years. Arshad married Maria 25 years ago in 1999. Now it has been registered.
When Arshad Warsi was asked why he registered his marriage in the court after 25 years? So he said- We did this for the sake of law.
Such a thought never occurred to me before. It is necessary to have this as a legal proof while purchasing the property or at any time if either of the two dies.
In this special story, you will know that it is necessary to register in the court after marriage, what are the rules of court marriage, in which court marriage takes place, do homosexuals or foreigners have the right to court marriage in India, how much does it cost. And what rules have changed after the implementation of UCC in Uttarakhand?
How important is marriage certificate?
Marriage certificate proves that your marriage is legally registered. This certificate is required in many situations, such as getting a passport, opening a joint bank account, taking a life insurance policy or changing your surname, etc. In 2006, the Supreme Court made marriage registration mandatory for the safety of women.
How is court marriage done?
In India, marriage is considered a sacred bond. Apart from traditional marriage, there is also an option of court marriage in India under the Special Marriage Act 1954. This is a good option for those who want to avoid social gatherings or expenses or whose relationship is not getting social acceptance.
Boys and girls of any religion, caste or class can go to the court and get married. The special thing is that there are no religious rituals of any kind in court marriage. After all the necessary documents are submitted to the marriage officer in the court, the boy and the girl only have to sign. After this both are legally considered husband and wife.
Rules of court marriage in India
According to the Special Marriage Act-1954, for court marriage, the minimum age of the girl should be 18 years and the boy should be 21 years. Both should be mentally healthy. Neither of them should be married. It is mandatory for both of them to agree to the marriage. Both the parties should not be dependent on each other. Strict action may be taken if the rules are violated.
For court marriage, first of all you have to apply by filling offline or online form. All the necessary documents also have to be attached with the form.
These documents are – Aadhar card of both, 10th and 12th mark sheets of both, 5-5 passport size photographs, residence certificate, birth certificate, if there is a divorce then its certificate and if there is a widow then the death certificate of the first husband. For offline verification, one has to carry two sets of photocopies of the documents along with the original documents.
What is written in the manifesto
After online application, a notice period of 30 days is given. After verifying all the documents, the date of marriage is given in the court. On the appointed date, the boy and girl have to appear before the registrar along with two-three witnesses.
The bride, groom and witnesses have to sign a declaration before the registrar. It is written in the declaration that this marriage is happening on their own free will without any pressure.
The certificate is issued on the same day. No lawyer is required for this. Any friend or family member of the boy or girl can be a witness. According to the Muslim Marriage Act, witnesses can only be men.
Where to go for court marriage
For court marriage, you have to go to the court marriage office of your district. In some states, there are special court marriage offices. These offices only accept applications for court marriage.
Is instant court marriage possible?
Yes. In April 2014, the Revenue Department of Delhi Government started a Tatkal service. By paying the fee immediately, the marriage certificate is given priority and permission is granted in the same day. This service is continuing from 22 April 2014.
Apart from the capital Delhi, instant marriage certificate service is also available in some other states. However, its process and fees may vary.
Is parental approval required?
Parental approval is not necessary for court marriage. The only condition is that all the rules prescribed for court marriage have been followed.
how much fees have to be paid
Court marriage fees completely depends on the religion of the boy and girl (Hindu, Muslim, Christian etc.). Is one a foreign citizen or both are Indian citizens. Are you already married or not? Do both have the same religion or different religions? Under which law are you getting married? Hindu Marriage Act, Christian Marriage Act, Foreign Marriage Act, Special Marriage Act etc. The minimum fee is Rs 1000.
What if one is a foreigner or NRI?
If one of the parties between the boy and the girl is a foreigner or NRI, is court marriage possible in India? The answer to this question is yes, absolutely. According to the Foreign Marriage Act, you can get the certificate after court marriage on the same day by paying the fees immediately.
What is the rule for court marriage in another religion?
Under the Special Marriage Act, a boy or girl of any religion can marry a person of any other religion in the court. The only difference is that the marriage can take place at least 30 days after the application. If anyone has any objection to the marriage then he can lodge a complaint.
If no one raises any objection within these days, the marriage can take place after paying the fees. The court does not reach the marriage house but is held in the registrar’s office. If both the parties wish, they can also take police protection but after getting the certificate.
Do homosexuals have the right to court marriage?
Homosexuals do not have the legal right to marry. Only last year, the Supreme Court had refused to recognize gay marriage.
However, the court also said that anyone has the full right to choose their life partner. This is his fundamental right. But it is the job of the Parliament to make changes in the Special Marriage Act. The government should ensure that gay couples are not discriminated against.
However, the demand for legal recognition of gay marriage still continues. Many social workers and members of the LGBTQ+ community are raising their voice against this decision and demanding equality and justice.
Have the rules of court marriage changed after UCC in Uttarakhand?
Uttarakhand Assembly has passed the Uniform Civil Code Bill. UCC means Uniform Civil Code. Now the law will be the same for all religions and communities in Uttarakhand. There will be no significant change in the rules of court marriage with the implementation of UCC. Because the rules of court marriage are already the same for people of all religions.
