Marriage is a sacramental institution between two persons and is often legally recognized by the state. It is a common matter of confusion that Court marriage and Marriage registrations are the same things.
I am Supriya Gill, a lawyer and in this article, we will explore the differences between court marriage and marriage registration, and the processes involved to apply for court marriage or marriage registration in India. We will also examine the legal implications of each and why it is essential to understand the distinctions between the two.
While a court marriage is a legal act of getting married before a Judge or Magistrate without any religious ceremonies, marriage registration is the process of recording the marriage with the government, after conducting a marriage.
To know more about Court marriage and Marriage registration, read the full article.
Is Court Marriage And Marriage Registration The Same?
Court marriage and marriage registration are two different legal processes, although they are often used interchangeably. A court marriage which is also called a civil marriage takes place in front of a Judge or Magistrate.
Couples opt for court marriage as it is a simple and quick legal process that does not require religious or traditional ceremonies whereas Marriage registration is the process of recording the marriage with the government to give a ceremonial marriage legal recognition.
What are the differences between Court Marriage and Marriage Registration?
Court marriage and Marriage registration are two different processes although both processes involve legalising marriages in India. Some considerable differences between the two are discussed below:
- Purpose: The purposes of both processes are different. Court marriage is performed to fulfil the purpose of marrying two persons without undergoing any religious ceremonies, while marriage registration is done to record the marriage with the government, the purpose of court marriage is to perform the marriage ceremony, while the purpose of marriage registration is to legally register the marriage.
- The place of court marriage/registration: Court marriage takes place in a marriage officer’s office or a marriage registrar’s office, while marriage registration takes place in a marriage registrar’s office.
- Process: The process for both is quite different. To conduct a court marriage parties need to solemnize the marriage in the presence of a Magistrate, while the process for marriage registration involves registering the marriage with a marriage registrar after solemnization of the marriage.
- Requirements: The eligibility requirements, rules and regulations, and documents required for court marriage and marriage registration are different.
- Timeframe: Court marriage is usually completed in 30-60 days, it can even be solemnized in a single day, while the process of marriage registration may take 15-30 days.
- Optional: Court marriage is not compulsory, but marriage registration is mandatory in India as per the Supreme Court ruling in 2006.
Court Marriage in India
Court marriage in India is a legal way of getting married without following traditional wedding rituals and ceremonies. It is also known as a registered marriage or civil marriage, and it is governed by the Special Marriage Act, 1954.
In court marriage, the couple must visit the marriage registrar’s office to file an application and complete the necessary formalities. The couple can choose to get married on the same day or after a waiting period of 30 days, depending on the rules of the state.
The reason behind the increasing popularity of court marriages in India is the simple and hassle-free process and there is no need for any ceremonies or rituals. Couples who belong to different religions and do not want to convert their religions prefer Court marriages. This way they can get married without any objections or opposition from their families.
Eligibility Requirements for Court Marriage
Some eligibility requirements must be met before doing a court marriage. These requirements are to be fulfilled by both parties i.e. the bride and groom. The requirements are given below:
- Age: Both parties need to fulfil the age criteria. The bride must be 18 years old or more and the groom must be 21 years old or more.
- Marital status: The parties to court marriage must not have a living spouse. The parties should be unmarried, divorced or the former spouse should not be alive.
- Mental capacity: the parties should be able to give valid consent to the marriage. The parties should be of sound mind and capable to give valid consent.
- Consent: Both parties must give their voluntary and unconditional consent to the marriage.
- Not in a Prohibited Relationship: Both parties should not be in a prohibited relationship with each other.
- Witnesses: The marriage must be witnessed by at least three people who are of legal age. The witnesses can be anyone relatives, friends, etc.
Rules and Regulations of Court Marriage
There are some rules and regulations that must be followed for Court marriage. Rules and regulations for court marriage are discussed below:
- Notice of Intended Marriage: To perform a Court marriage, the couple need to give a notice of intended marriage to the marriage registrar at least 30 days before the date of marriage.
- Affidavit: Both parties must sign an affidavit stating that they are not related to each other within the prohibited degree of relationship, date of birth and marital status.
- Divorce decree: If any of the parties or both parties are previously married, they need to provide the divorce decree or death certificate of their former spouse.
- Registration fee: The couple needs to pay the registration fees for court marriage which is 100 INR under Hindu Marriage Act and 150 INR under the Special Marriage Act.
Documents required for Court marriage
The following documents are required for court marriage:
- Notice of Intended Marriage: The parties to the marriage must submit a notice of intended marriage to the marriage registrar in whose area one of the parties has resided for 30 days or more.
- Affidavits: Both parties must provide separate affidavits containing information about age, marital status and affirmation that they are not related to each other within prohibited degrees.
- Age proof: The parties must provide proof of their age such as a birth certificate, school leaving certificate, or passport.
- Residential proof: Residential proof such as an Aadhaar card, voter ID card, passport, or driving license is required.
- Photographs: Passport-sized photographs of the bride and groom are necessary.
- Witness: Three witnesses should be there for the court marriage, and they need to provide their identity proof and two passport-sized photographs.
- Divorce Decree: If either the bride or groom was previously married and divorced, they need to provide the divorce decree as proof.
- Death certificate: If either the bride or groom is a widow or widower, they need to provide the death certificate of their previous spouse.
What is the Procedure for court marriage?
The process for court marriage in India involves the following steps:
- Notice of Intended Marriage: To begin the process of court marriage, the bride and groom must complete the court marriage application form, also known as the notice of intended marriage, and submit it to the marriage officer. The notice must be given at least 30 days before the intended marriage date to the marriage officer who has jurisdiction over the area where either party has resided continuously for at least 30 days, as per the second schedule of the Act.
- Verification of Documents: The couple must submit various documents such as age proof, residence proof, photographs, and other necessary documents. The documents are then verified by the registrar.
- Publication of Notice: Once the notice is submitted, the marriage officer will display it in a conspicuous location at their office for 30 days, allowing the public to scrutinize it and raise any objections based on legal grounds.
- Registration: If no objections are raised, the marriage can be registered on the date assigned by the Registrar, along with three witnesses present.
- Issuance of Marriage Certificate: After the marriage is solemnized, the marriage officer will issue a marriage certificate, which the parties and witnesses must sign. The certificate serves as conclusive evidence of the marriage, and the marriage officer will record the details of the marriage in the marriage certificate book.
Note: that the process may vary slightly based on the state and district in which the marriage is being registered. It is advisable to consult with the local Marriage Registrar or a lawyer to understand the specific requirements and procedures.
Marriage Registration in India
Marriage registration in India is a process of legally recording a marriage with the government under the Hindu Marriage Act, 1955, Special Marriage Act, 1954, the Indian Christian Marriage Act, 1872 or other personal laws.
Marriage registration does not involve any ceremonies. It is just a process to register the marriage with the government authorities after the marriage within a given time frame. If you fail to register the marriage within the given time frame, the later registration attracts penalties.
The Hon’ble Supreme Court in 2006 made marriage registration mandatory in India. A marriage certificate is legal proof of marriage which is beneficial in cases of legal disputes or for obtaining government documents such as a passport or visa. It is also used for altering or adding the name of a spouse in legal documents.
Eligibility Requirements for Marriage Registration in India
The eligibility requirements for marriage registration in India are as follows:
- The groom should be of at least 21 years o age and the bride should be of at least 18 years of age.
- The parties should not be within prohibited degrees of relationship with each other.
- There should be valid consent of both parties.
- Neither party should have a spouse living at the time of marriage.
- The parties should have lived together as husband and wife after the marriage.
Rules and regulations of Marriage registration
Some important rules and regulations that need to be followed during the registration process are:
- Both parties i.e. the bride and groom should be present at the time of registration along with three witnesses.
- Marriage should be registered within 60 days of the marriage.
- The parties should have a valid marriage certificate from the temple or gurdwara or church or any other religious ceremony where the marriage was conducted.
- The marriage is to be registered in the office of a sub-registrar under whose jurisdiction any of the parties has resided for at least 30 days.
- The parties should be of sound mind and capable of giving free and valid consent.
Documents Required for Marriage Registration
The following documents are required for marriage registration in India:
- Proof of age: Both parties must provide age proof such as any government-issued document such as an Aadhaar card, passport, or birth certificate.
- Proof of identity: Both parties must provide identity proof such as any government-issued ID card such as an Aadhaar card, passport, PAN card, or driving license.
- Address proof: Both parties must provide residential proof like any government-issued document such as an Aadhaar card, passport, or driving license.
- Marriage invitation card: The parties to the marriage need to provide proof of marriage like the invitation card for the wedding ceremony.
- Passport–sized photographs: The couple should provide two passport-sized photographs.
- Marriage declaration form: The bride and groom should fill out and submit a marriage declaration.
- Witnesses: Two witnesses need to be present during the registration process. They also need to submit their ID proofs and photographs.
What is the process of Marriage registration in India?
The Marriage certificate can be applied both online and offline. Although not all the states of India provide online marriage registration most of the states have online portals for marriage registration.
The online and offline processes to register the marriage are discussed below:
Offline Marriage registration
To obtain a marriage certificate through offline means, the following steps must be taken:
Step 1: Visit the office of the Sub Divisional Magistrate in the district where the marriage was solemnized, or where either spouse has resided for at least six months.
Step 2: Fill out the marriage registration form, and attach all the necessary documents.
Step 3: Once the application has been submitted, schedule an appointment for document verification and issuance of the marriage certificate.
Online Marriage registration
Online registration for marriage is becoming increasingly popular due to its ease and time-saving nature. To register online, one should schedule an appointment at the Municipal Office, access the relevant state’s online portal, and provide personal details.
Afterwards, an offline appointment must be made at the office. On the scheduled date, the applicant must appear at the marriage registrar’s office with the required documents and witnesses.
The online process for applying for a marriage certificate is as follows:
Step 1: Visit the official website of the state government to which you belong, such as https://igrsup.gov.in/igrsup/defaultAction.action if you are from Uttar Pradesh.
Step 2: Locate and click on the marriage registration form on the website.
Step 3:You need to fill out all of the required fields on the form.
Step 4: Submit the form.
Step 5: After submission of the form, the marriage registrar summons the applicants to appear on a specific day and time. The parties need to arrive on time with all the necessary documents at the marriage registrar’s office. Two witnesses should also be there.
Time frame: If the applicant is registering under the Hindu Marriage Act of 1955, it takes approximately 15-30 days after the form is submitted.
If you are registering for marriage under the Special Marriage Act of 1954, it takes approximately 60 days to get the marriage certificate.
Conclusion
Court marriage and marriage registration are two distinct processes, although both serve the same purpose of legalizing a marriage.
The process of court marriage is conducted before a court while marriage registration is done at the sub-registrar office. The process, eligibility criteria, and documents required for both are different.
Couples need to understand the differences between the two and choose the process that suits them best.
Like This Post? Checkout More
