In a country like India where weddings are often grand, multi-day events marked by elaborate rituals, vibrant festivities, and significant expenditure, the decision of actress Sonakshi Sinha to opt for a court marriage has caught public attention. This trend of choosing a simpler, more intimate ceremony over the traditional big fat Indian wedding is gaining momentum, especially since the covid times. But what exactly goes behind a court marriage in India, and why are some couples choosing it over the traditional big fat Indian wedding?
Understanding Court Marriages in India: A Legal Union Minus the Frills
A court marriage, also known as civil marriages, are legally recognized unions solemnized under the Special Marriage Act, 1954. This is a legal and secular form of marriage. Unlike traditional weddings which are anchored in religious practices, a court marriage transcends religious and caste barriers. It's a simple ceremony conducted by a Marriage Officer (usually a Sub-Registrar) in a designated marriage hall within the court premises. It provides a legal framework for the registration of marriages, ensuring the rights and responsibilities of the couple are protected under the law.
The Legal Framework: What the Law Says
A court marriage in India occurs in accordance with the guidelines established by the Special Marriage Act, 1954. It is important to note that the judicial marriage procedure is the same in all of India's states. Without considering caste, creed, or religion, the marriage officiant performs the marriage. This marriage has been legally sanctified. To obtain their marriage certificate, the bride and groom may directly submit a court marriage application to the marriage officer. The office of the marriage official in whose district or jurisdiction the bride and groom reside can record the judicial marriage.
Conditions for a Court Marriage In India
The marriage officer can solemnise the marriage between the bride and the bridegroom under the Act if the following conditions are fulfilled at the time of marriage:
Documents Required for Court Marriage in India
The following paperwork must be presented by the couple with their application for court marriage in India:
The documents required to be submitted by all the witnesses are as follows:
Court Marriage Procedure in India
Step 1- Notice of marriage
The bride and groom are required to provide the marriage officer with the court marriage application form, which serves as notice of their intended union. Before thirty days of the intended marriage date, the notice of the intended marriage must be given as specified in the second schedule of the Act. It ought to be handed to the marriage officiant whose jurisdiction both parties have continuously resided in for at least 30 days.
Step 2 - Publication of the notice
The next prescribed step as per the procedure of a court marriage in India is that the notice of intended marriage submitted by the parties will be published by the marriage officer by being attached to a prominent location within the marriage officer's office. Following publication, anyone may object to the marriage within 30 days of the notice's publication; if no objection is raised, the marriage officer will consummate the marriage 30 days after the notice's publication.
Step 3 - Objection to marriage, if any
Within 30 days of the news of the planned marriage going public, anyone can complain against this marriage proposal. An individual can request a complaint to the marriage officer if they believe that the proposed marriage does not meet any of the requirements for a legal marriage. Although, the reason for not wanting the marriage should be formal and not personal. Once the complaint is received, the marriage officer has 30 days to find out more about it. If there are no other legal issues that need to be dealt with, the marriage officer can perform the ceremony after asking about the objection.
Step 4 - Declaration by parties and witnesses
To complete this part under the procedure of court marriage in India, the parties are required to appear before the marriage officer and provide a declaration in the event that there is no objection to the marriage or the marriage officer dismisses the objection. In front of the marriage officer, the parties to the marriage and three witnesses must present the declaration in accordance with the third schedule of the Act. The declaration will be countersigned by the marriage official as well.
Step 5 – Place of marriage
As per the rules, a court marriage in India can occur at the marriage officer's office or at any other location that the parties mutually agree upon that is within a reasonable distance. The extra costs as specified must be paid by the parties if they decide to have the marriage formally performed somewhere else. Whatever format the parties decide on can be used to solemnize the marriage.
Step 6 - Certificate of marriage
Following the solemnization of the marriage, the marriage officer will issue the marriage certificate. The marriage certificate needs to be signed by the couple getting married as well as three witnesses. A court marriage in India is unquestionably proven by the marriage certificate. The marriage certificate book will be updated with the information of the marriage by the marriage official.
Why Opt for a Court Marriage in India?
While traditional weddings hold a special place in Indian culture, there are several reasons why couples are increasingly choosing court marriages in India:
Many couples, both celebrities and non-celebrities, are opting for court marriages in India for various reasons. This highlights the changing social landscape and the increasing acceptance of alternative wedding formats.
Conclusion: A Well-Informed Choice
Court marriages in India are becoming a preferred choice for many due to their simplicity, legal robustness, and inclusive nature. They offer a practical alternative to the traditional, elaborate Indian wedding, aligning with modern values of equality and individual choice.
As Indian society continues to evolve, it is likely that we will see a further increase in the number of couples opting for court marriages. This shift reflects changing attitudes towards marriage, relationships, and personal freedom in modern India. However, it's important to note that this trend does not necessarily signal the end of traditional Indian weddings. Rather, it represents an expansion of choices available to couples, allowing them to celebrate their union in a way that best aligns with their values, preferences, and circumstances.
Ultimately, whether a couple chooses a court marriage or a traditional ceremony, the most important aspect remains the commitment and love shared between the partners. As India moves forward, the coexistence of various forms of marriage ceremonies will likely become more common, reflecting the diverse and dynamic nature of Indian society.
Dec 06, 2024
TUI Staff
Dec 02, 2024
TUI Staff
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