In India, a court marriage registration takes place under the special marriage act, 1954 and is common across the nation. a court marriage registration in Rajasthan is performed without any discrimination on the basis of caste, color, religion, or creed.
Firstly, both the parties should not have lived as husband /wife at the time of court marriage registration.
The girl should be at least 18 years of age and the Boy should be of 21 years of age.
The parties should not be of unsound mind.
They should not be unable to give valid consent at the time of court marriage registration.
Both parties should not suffer from any kind of insanity or mental disorder at the time of court marriage registration.
Both the parties should not be within the degree of prohibited relationship. ( the court marriage registration can take place within a prohibited relationship if their custom allows doing so)
Following are certain legal documents which are required for court marriage registration in Rajasthan:
The application form should be signed by both parties.
Evidence of date of birth of both parties.
Residential proof of both the both parties.
Two passport size photographs of the both parties.
Death certificate or divorce decree if the parties are previously married.
Receipt of fees paid with respect to the application form in the District Court.
Affirmation by the parties that they are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act.
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Process of court marriage registration in Rajasthan is following below steps:
Firstly, both the parties need to give notice to the marriage officer of the district court. It mandates that both the parties to the marriage shall give notice of the intended marriage in writing and in the form prescribed in the Second Schedule to the Marriage Officer in Rajasthan.
The Marriage Officer in Jaipur shall publish the court marriage notice by affixing it to some conspicuous place in his office after publishing the notice. There is a waiting period for 30 days for any kind of objection regarding court marriage. If there is no objection, then the court marriage officer can perform the court marriage registration in rajasthan.
Under section 7, anyone can object to the court marriage within the 30 Days period that the court marriage would violate any terms & conditions specified in section 4 of the act. but the objection should be on a legal basis, not on a personal basis. The Court Marriage Officer, under section 8, on receiving an objection would enquire into it within 30 days and solemnize the court marriage if the objection doesn't impede the solemnization of the court marriage.
Before the solemnization of the court marriage, three witnesses are required in court marriage registration in rajasthan. Signature and declaration in the Court Marriage form specified in the Third Schedule, in the presence of the Court Marriage Officer by both the parties and three witnesses are required.
After following all these legal steps, the Court marriage officer will give the Court marriage certificate. And this certificate must be signed by both the parties and three witnesses. such a Court Marriage Certificate is conclusive evidence of the court marriage.
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APPLICATION FORM MARRIAGE CERTIFICATE
(Under Compulsory Registration of Marriage Rule, 2012) (Please fill the form in Block Letters)
It is certified that the information provided above is to the best of my knowledge and belief and nothing has been concealed therein. It is also certified that this marriage has not been registered anywhere in India/Abroad and we are not related to each other within the degree of prohibited relationship and neither of us is lunatic. We shall be liable for action as per the law, if we have violated any provision of any law of the land.
We _____________ S/o ____________ R/o of ___________________________________ Religion _______
Nationality ___________ and _________________________ D/o _________________ R/o
__________________________ of _______________ Religion, Nationality _______________ Do hereby
solemnly affirm and declare as under: -.
That we were major at the time of our marriage and our marital Status was _____________ That our Marriage was solemnized on ____________ at place ______________ as per __________ Rites and Ceremonies.
That our Marriage has not been registered anywhere else prior to this application
That we fulfil the requirements as provided for in Chandigarh Compulsory Registration of Marriages Rules 2012 and Haryana Compulsory Registration of marriages Act as applicable to U.T., Chandigarh.
Verification- Verified that the contents of this Affidavit are true and correct and nothing has been concealed therein.
Dated: - Deponents