Eligibility Criteria for Court Marriage in India

Court marriage in India provides a legal pathway for couples to marry without the constraints of religious or cultural customs. However, certain eligibility criteria must be met to solemnize a court marriage under the Special Marriage Act, 1954. Here’s a detailed look at the eligibility criteria for court marriage in India:

1. Absence of Living Spouse

Both the bride and the groom must not have a living spouse at the time of marriage. This ensures that the marriage is not polygamous or bigamous and is legally valid.

2. Mental Capacity

Both parties must possess the mental capacity to give valid consent to the marriage. This entails:

• Soundness of Mind: Neither the bride nor the groom should be of unsound mind at the time of marriage.
• Absence of Mental Disorder: They should not suffer from a mental disorder of such a kind or extent that it renders them unfit for marriage or incapable of understanding the consequences of marriage.
• Recurrent Attacks of Insanity: The parties should not have a history of recurrent attacks of insanity that could impair their ability to enter into a marital relationship.

Ensuring mental capacity safeguards against marriages entered into under coercion, undue influence, or incapacity.

3. Age Requirement

• The groom must be 21 years old or above at the time of marriage.
• The bride must be 18 years old or above at the time of marriage.

These age requirements are established to ensure that individuals have reached a level of maturity necessary for making such significant life decisions and to protect against child marriages.

4. Absence of Unlawful Relationship

Both the bride and the groom must not be involved in an unlawful relationship at the time of marriage. This refers to relationships that are prohibited by law, such as relationships within prohibited degrees of consanguinity or affinity.

Conclusion

Meeting the eligibility criteria is essential for solemnizing a court marriage in India. These criteria aim to ensure that the marriage is entered into voluntarily, without coercion or incapacity, and complies with legal requirements. By adhering to these criteria, couples can embark on a legally recognized marital union through court marriage, irrespective of religious or cultural affiliations, while upholding the principles of consent, equality, and legality.

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