The Above observation came in the case of Lata Singh v. State of UP (2005) where the SC came heavily upon state machinery failing to come to the rescue of couples marrying inter caste or inter religion and thereby attracting the wrath of their parochial communities. We at Laws of India – strongly support the aforesaid judgment of the Hon’ble Supreme Court – and stand by any such couples being victimised on account of their marriage.
Here’s a step by step guide to anyone wanting to tie the knot the legal way.
DOCUMENT CHECKLIST !
(Court Marriage under the Special Marriage Act)
a) Properly Filled Application Form/Notice.
b) Evidence of Date of Birth of both the parties (10th class Certificate/Passport/ Birth Certificate – would do)
c) Evidence that one of the parties has stayed in Delhi for a period exceeding 30 days (Voter ID Card/Ration card etc.).
d) Affidavits of both the parties with regard to :
i) Date of birth.
ii) Present marital status: unmarried/widower/ divorcee.
iii) Statement that parties are not within prohibited degrees of relationship (In short : These are some close relations).
iv) Statement regarding Citizenship of the parties.
v) Another clause that says parties intend to marry each other.
e) 3 Copies of Passport size photographs attested by any Gazetted Officer.
f) In case a party is a foreign national – a NOC from the consulate/embassy that says the person is not married already.
How is it done :
1st Stage : Both Parties should be present for Solemnization of Marriage after submission of documents of issuance of notice of intended marriage.
2nd Stage : Copy of that abovesaid notice is affixed on the office notice board (this is done with a view so that any person who may have an objection with regard to your marriage may object – Objections may be with reagrd to parties being married already or being incompetent to marry etc. )
3rd Stage : if an objection is raised – marraige officer concerned would first decide the objection – if objection is sustained – parties wanting to marry may go and file an appeal within 30 days to the District Court.
However if no objection is received, the Marriage Officer would perform after elapse of 30 days of the notice.
Both the bride and the groom along with 3 witnesses are required to be present on the date of solemnisation of marriage.