Eligibility Criteria for Court Marriage in Delhi

Court marriage in Delhi, governed by various Indian marriage laws, requires both partners to fulfill specific eligibility criteria to ensure the legality and validity of their union.

These criteria encompass age requirements, mutual consent, non-prohibited relationships, and the absence of active previous relationships.

Age Criteria

As per Indian laws, the minimum age requirements for court marriage are:

• Male Partner: Must be at least 21 years old.
• Female Partner: Must be at least 18 years old.

This age criterion ensures that both partners are legally capable of making informed and mature decisions regarding their marriage.

Mutual Consent of Partners

Mutual consent is a fundamental requirement for court marriage. Both partners must willingly agree to the marriage without any coercion or undue influence. This mutual consent ensures that the decision to marry is made freely and voluntarily by both individuals involved.

Non-Prohibited Relationships

Certain relationships are prohibited under various Indian laws and religious customs to prevent marriages between close relatives, which are typically considered invalid and illegal. The criteria for non-prohibited relationships include:

• Hindu Marriage Act, 1955: Prohibits marriages between “sapindas” (blood relatives) and those within the prohibited degrees of relationship unless a custom permits such marriages.
• Special Marriage Act, 1954: Also restricts marriages between individuals related by blood or within prohibited degrees of relationship, unless a custom permits otherwise.
• Other Religious Laws: Similar prohibitions exist in other religious laws such as the Indian Christian Marriage Act and the Parsi Marriage and Divorce Act.

It is essential for both partners to ensure they do not fall within these prohibited relationships before proceeding with their court marriage.

No Active Relationships

Bigamy, the practice of marrying while already being married to another person, is illegal in India under various marriage laws. To fulfill this criterion:

• Previous Marriages: Both partners must not have an active prior marital relationship. If either partner has been previously married, they must provide legal proof of the termination of that marriage.
  • Divorce Decree: If divorced, a legal divorce decree from the court must be presented.
  • Death Certificate: If widowed, the death certificate of the previous spouse must be provided.

This requirement ensures that the marriage is legally binding and that neither partner is currently married to another person.

Conclusion

Meeting the eligibility criteria for court marriage in Delhi is crucial to ensure the marriage is legally recognized and valid.

These criteria, including age requirements, mutual consent, non-prohibited relationships, and the absence of active previous relationships, are designed to protect the rights and interests of both partners.

Adhering to these guidelines helps facilitate a smooth and legally compliant court marriage process. For detailed assistance and legal advice, consulting a professional court marriage lawyer or a reputed law firm like Legal Light Consulting is recommended.

Contact Information

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