Court Marriages are different than traditional marriages. As the name suggests court marriage happens in a court in front of a marriage officer.
The court marriage is solemnized under the Special Marriage Act 1954. The court marriage can be performed between two Indian irrespective of any caste, creed, or religion.
In this article, we are going to discuss what is the procedure of court marriage in India, We will also cover other crucial information on court marriage.
keep reading to know more!
Rules for court marriage in India
There are some rules for doing court marriage in India which are discussed as follows
- The first and foremost condition is that the bride should of 18 years of age and the groom should be of 21 years of age.
- Both the parties should not fall within the degree of prohibited relationship.
- Both the parties must have free consent for the court marriage, that is none of the parties to the court marriage to be incompetent of giving valid consent due to unsound minds or any other factor.
- Both the parties must not be in a valid marriage with any other person. The couple can proceed with the court marriage if the previous marriage has been dissolved or the previous spouse is dead.
Suggested Reading: Reasons for divorce
Documents required for court marriage in India
Here is the list of documents that are required for court marriage in India.
- Documents of Bride and Groom
- The marriage application form duly signed by both bride and the groom
- Receipt of the fees paid with respect to the application form in the District Court
- Age proof documents of both parties (SSLC book or Birth Certificate)
- Residential proof (Aadhar Card, Voter ID, Ration Card, or Driving License)
- Passport size photograph of the bride and groom (2 copies)
- Copy of divorce order in case of a divorcee and death certificate of spouse in case of widow/widower.
- Attributes in Affidavit
- Date of Birth
- Marital Status whether married, divorced or widowed
- A statement is declaring that the couples are not related to each other under the prohibited degree of relationships.
Suggested reading: Legal reasons for divorce
Who can be the witness in court marriage
Any family member, family friend, colleague, or a friend.
- Documents of the witnesses required for Court Marriage
- Residential proof of the witness is the most important document which has to be furnished before the Marriage Officer.
- The PAN Card of the witness must also be presented before the Marriage Officer.
- One passport size photograph each from the three witnesses to the marriage.
- An identification document of the witnesses such as a Driving Licence, Aadhar Card, etc.
Cost of court marriage in India
The fees for court marriage vary from state to state. Generally, the procedure of court marriage involves fees of 500- 1000.
Every state has its own rules and regulations and its own fee structure for the solemnization of court marriage so it is advisable to check the fees while filling out the online application.
One needs to attach the Court Marriage documents along with fees for completing the court marriage.
The procedure of court marriage in India
The procedure of court marriage is explained in the given 6 steps as follows :
- Notice of the Intended marriage
The first step is to file a notice showing the intention of marriage to the marriage registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given. The notice has to be in accordance with the provisions of section 5 of the special marriage act.
- Publishing of the notice
After this, the notice will be published by the marriage registrar to invite objections if any.
- Objection to marriage
Section 7 of the special marriage act states that if anyone has an objection related to the court marriage then they can raise an objection within 30 days from the date of publication of notice by the marriage registrar.
If the marriage registrar finds that the objection raised is correct, then he/she will end the process of the Court Marriage, if the objection is unjustified, then he/she will proceed with the Court Marriage registration procedure. However, if the marriage registrar sustains the objection, then the parties can file an appeal with the district court against the order of the marriage officer/registrar for completing the process of Court Marriage in India.
- Declaration by parties and the witnesses
The next step is the declaration by the parties and the witnesses. In this step, the court marriage form is signed by both the parties and the witnesses declaring that the parties are doing the marriage with free consent. The declaration Court Marriage form has to be signed in the presence of the marriage registrar.
- Place and form of solemnization
Section 12 of the Special Marriage Act states that the solemnization of Court Marriage can take place at the office of the marriage registrar or any other place at a reasonable distance. You can also solemnize your procedure of marriage by filling up the online form. The Court Marriage application online includes the payment procedure of Court Marriage fees to complete it.
- Procedure for marriage certificate
Once the marriage is solemnized the marriage registrar enters the details of the marriage, in the marriage certificate in accordance with Schedule IV of the Special Marriage Act. The Court Marriage certificate is proof of a valid marriage statement signed by the parties and their witnesses.
Advantages of Court Marriage
Here are some advantages of court marriage.
- Court marriage is a much easier process than the traditional way
- The process of court marriage is much more economical, it saves a huge amount of money that is otherwise spent on rituals and ceremonies.
- The parties to the marriage get the option of solemnizing the marriage in any way they want.
- It ensures the consent of both parties. As both, the parties of marriage willingly sign the marriage documents. But There as in the marriage of ritual, the consent of the parties may or may not be free.
Hire a good matrimonial lawyer
Hiring a good matrimonial layer would be a good idea if you are proceeding to marry via court marriage.
- The parties must first consult a good matrimonial lawyer for filing the notice of the marriage.
- Your advocate will advise the parties on the rules and the applicable law.
- The advocate will decide the place of registration where the marriage can be registered.
- The advocate will ensure that the parties are eligible or not, and they will also ensure the free consent of both parties.
- the advocate will prepare all the necessary documents required for the registration processes.
- An advocate will set up a mutually convenient time for you, your partner, and the three witnesses to meet at the office of the marriage registrar to conduct a final check of documentation.
- In case of further claims and deliberations raised, an advocate will file an appeal on behalf of the parties and make the arguments.
So this is all about the process of court marriage in India. I hope it would have helped you in some or the other way. If yes do not forget to share this piece of content with someone who needs it.