What Is The Procedure Of Court Marriage And Steps For Protection From High Court

Court marriages are not similar to marriage ceremonies which are solemnised as per  one’s customs, court marriages are solemnised in the court in the presence of the marriage officer. Consenting adults i.e. a male and a female, who are eligible to get married could file for court marriage and after completing the necessary procedure, in the presence of the marriage officer could sign their consent to marry, hence getting the marriage solemnised by following the legal procedure as has been provided by the legislature.

Pre- requisites for Court Marriage

The important conditions for court marriage are provided under Section 4 of the Special Marriages Act, 1954. The parties to the court marriage will have to fulfil the necessary  conditions for court marriage which have been mentioned here under-

• Pre- existing Marriage- The parties to the marriage must not be already married to a third person during the time of filing for court marriage. If either of the parties was married previously, then they shall be either divorced or widowed at the time of applying for court marriage. 
• Consent- The parties to the court marriage must provide free consent in presence of the marriage officer, i.e. they shall be able to provide their consent and must be of sound mind.
• Age- Parties to the application for the court marriage must have attained the required age, i.e. 21 years for males and 18 years in case of females.
• Prohibited relationship- Couple applying for court marriage must not fall within the  degrees of prohibited relationship of marriages, as mentioned under Schedule I of the Act,  unless such marriages within the degrees of prohibited relationship are acceptable  as per the customs of either of the parties.

Documents

Following documents will be required when applying for  court marriage-

• Marriage application form are required to be duly signed by both male and female.
• A receipt of the application form will be necessary to be attached along with the documents
• Proof for the date of birth of the parties.
• Residential proof address
• Affidavit from each  party of-
• Date of birth
• Marital status, i.e. if they are unmarried/divorce/ widowed
• Affidavit affirming that they are not related under the degree of prohibited relationships as provided under the law
• Passport size photos of both the parties to the marriage
• Copy of divorce decree or death certificate if either of the parties to the marriage is a divorcee or widowed respectively.

After the whole procedure has been completed, a marriage certificate would be issued by the marriage officer as per the Schedule IV of the Act. The Court Marriage certificate will be a conclusive proof of solemnization of  marriage, which has to be signed by the parties to the marriage, witnesses and the marriage officer.

Protection from the High courts

• In some situations, it is not easy to get married to the person you love in our society.  Some may break the social pressure and decide to get married to the person they love, but  in some situations this step can be threatening, when even the family members of the parties start suppressing them.
• An increasing number of cases are being witnessed nowadays, when the couple seek protection from the courts against their families or so for life threats in opposition to their marriage.
• Even when the society has started to be tolerant towards such inter-caste or inter-faith marriages, some sections of the society are still there who wish to get their children married as per their wishes.

Document Required Protection

The Constitution of India ensured every citizen of the country the right to marry as per their  wishes. But, even in the present times, inter-caste marriages or inter-religion marriages are still facing threats and danger from their family or community. Best remedy, if one is facing such threats, would be to seek protection from the court. 

• Protection may be sought by visiting court or police station with the necessary documents in order to ensure police protection.
• The couple in this scenario would be required to provide their age proof in addition to other documents as necessary according to the provision of the law.
• According to the law, the valid age for marriage must be 21 years for a male and 18 years for a female.
• The necessary documents to apply plea for police protection  are- 
• Age proof- matriculation certificate/ date of birth certificate/ration card/ voter card/ aadhar card
• Residence proof
• Marriage Proof (pictures or certificate)

For proper detail and guidance as required in accordance to the subject matter of your case, it is advised to seek the advice of an experienced lawyer. Lead India offers you experienced advocates who have been successfully dealing with cases related to the court marriages or cases requiring the protection from the police. If you are seeking free legal advice online or wish to talk to a lawyer, you can contact us.