Marriage is a beautiful union between two individuals who are willing to spend the rest of their lives together. Court marriage is a legal way to solemnize a marriage in front of a court or a marriage officer, without the customs and rituals of a traditional wedding.
This process is standardized across the country under the Special Marriage Act, 1954, which allows any two individuals, regardless of their caste, religion, or race, to enter into a legal marriage. However, before entering into a court marriage, certain documents need to be submitted to the Marriage Registrar.
I am Supriya Gill, a lawyer and in this article, we will discuss What Documents Are Required For Court Marriage, the requirements to solemnize court marriage, its various benefits and the step-by-step process involved.
To obtain a marriage certificate through court marriage, the bride and groom have the option to submit their application directly to the marriage officer. The court marriage process requires a few essential documents of both bride and groom, such as affidavits, passport sizes photographs, residential proof, date of birth proof, documents of witnesses, etc.
To know more, read the full article.
What is a Court Marriage?
A court marriage is a legal union between a man and a woman who are eligible to marry regardless of caste, religion, or creed. It is solemnized in front of a court or a marriage officer, along with three witnesses, and does not involve the customs and rituals of a traditional wedding.
The Special Marriage Act, 1954 governs the process of court marriage, which is standardized across the country. Regardless of their caste, religion, or race, two parties – whether from the same or different nations – can enter into a court marriage. Those interested can apply directly to the Marriage Registrar to obtain a marriage certificate.
What Documents Are Required For Court Marriage?
Documents Of Couple
- The bride and groom must submit separate affidavits for the solemnization of court marriage in India, containing the following information:
- Date of birth
- Marital status (widower, unmarried, or divorcee)
- Affirmation that they are not related to each other within the prohibited degree of relationship
- Two passport-size photos of the bride and groom
- Residential proof of the bride and groom
- Proof of date of birth for the bride and groom
- Copy of the notice of intended marriage, signed by the couple
- In case of a divorcee, a copy of the divorce order; in case of a widower/widow, a death certificate of the spouse
Documents of Witnesses
For a valid Court Marriage, three witnesses are required. These witnesses can be anyone, including family friends, family members, friends, or colleagues.
The witnesses must submit the following documents:
- Passport-size photo
- Copy of PAN card
- Copy of identity proof
Documents Required in Case of Foreign National
If the court marriage is between an Indian and a foreign national, the applicant must submit the following additional documents along with those mentioned above:
- Copy of passport with a valid visa
- Documentary evidence of one party’s stay in India for over thirty days (proof of residence or report from the concerned Station House Officer (SHO))
- NOC or Marital Status certificate from the concerned embassy or Consulate in India by a foreign partner.
What is the procedure for court marriage in India?
To legally marry in India, follow these steps:
Step 1: Fill out a ‘Notice of Intended Marriage’ form and submit it to the Marriage Registrar of the district where either party has lived for at least 30 days before filing as per Section 5 of the Special Marriage Act, 1954.
Step 2: The Registrar will publish the notice, inviting objections if any by affixing it in a visible location in their office. If the notice is sent to the wrong office, it will be forwarded to the appropriate office.
Step 3: Objections to the marriage can be raised within the 30 days of notice publication under Section 7 of the Special Marriage Act. The Marriage Officer then has a 30-day inquiry period to verify the objections. If the objections are found to be correct, the intended marriage process is terminated, and if not, the court marriage registration proceeds.
If the objection is sustained by the Marriage Officer, parties may file an appeal with the district court against the order.
Step 4: The marriage can be solemnised at the designated marriage office.
Step 5: Both parties and three witnesses must be present on the date of registration/solemnisation.
Step 6: The last step is the issuance of a marriage certificate by the Marriage Registrar to the parties concerned in compliance with Schedule IV of the Special Marriage Act. The marriage certificate is evidence of a valid marriage.
Requirements for Court Marriage
- Neither party should be currently married.
- The bridegroom must be at least 21 years old and the bride must be at least 18 years old.
- Both parties must be mentally sound and not afflicted with any persistent mental illness.
- The consent to the marriage must be given freely and must not have been obtained through coercion or undue influence.
- The parties should not be related within the prohibited degree of relationship.
The duration of the entire process of court marriage
Typically, it takes 30 to 60 days to complete the procedure for a court marriage. Once the notice of intention is published, there is a 30-day period during which objections to the marriage can be raised by the Marriage Officer.
If any objections are raised, an inquiry period of 30 days is given to the Marriage Officer. If the marriage is not solemnized within three months from the notice date, the parties must give a fresh notice to the Marriage Officer.
Court Marriage Fee
The fees for Court Marriage vary from state to state and can range from Rs. 500 to Rs. 1000. It is advisable to confirm the fees during the online application process for Court Marriage, as they may surpass the indicated range. Each state has its own fee structure for the solemnization of Court Marriage.
Benefits of Opting for Court Marriage
Choosing court marriage over traditional marriage has several advantages such as:
- Court marriages are less time-consuming and can be completed within a shorter period compared to traditional marriages.
- The Court Marriage process is relatively simple as it does not involve any elaborate rituals.
- Court marriages provide legal recognition and protection to couples under the law.
- Court marriages offer an alternative for couples from different castes and religions to get married, which may not be feasible in traditional weddings due to social and cultural conventions.
- Many couples find court marriages to be a practical choice due to their cost-effectiveness and minimal expenses compared to other options.
FAQS | Frequently Asked Questions
The processes of court marriage and marriage registration differ significantly from each other. Unlike traditional marriage, court marriage does not involve any rituals or customs and is performed under the provisions of the Special Marriage Act, 1954. The duration of court marriage is typically around 30-40 days, whereas the marriage registration process can be completed within 2-3 hours.
Typically, the application fee for court marriage in India is ₹100 under the Hindu Marriage Act and ₹150 under the Special Marriage Act.
Court marriage cannot be completed in a single day as it is governed by the Special Marriage Act, 1954. The process typically takes 30-45 days to complete.
Conclusion
Court marriages are a straightforward and hassle-free process that requires a few essential documents. These documents are crucial to ensure the validity and legal recognition of the marriage.
Submitting the required documents to the Marriage Registrar prior to the marriage date is essential to avoid complications. By following the steps and ensuring that all documents are in order, couples can legally solemnize their marriage without any issues.
Therefore, for those planning a court marriage, it is crucial to have all necessary documents and follow the process outlined in this article to make the marriage official and legally recognized.
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