Court Marriage in India is solemnised under the special marriage act, 1954.
The marriage can be solemnised in a court in the presence of a Marriage Officer and three witnesses. Court marriage can be performed between two Indians irrespective of their caste, religion or creed. The court marriage can also be solemnised between an Indian and a foreigner. In this article, we will look at the Court Marriage Procedure in India in detail.
Conditions for Court Marriage
The court marriage rules are provided under Section 4 of the Special Marriage Act.
The parties have to meet the necessary conditions prescribed in the act before signing the Civil Marriage Contract.
There should not be Persisting valid marriage of either of the parties with any other person. The couples can proceed with the court marriage if the previous spouse is not living or the divorce has been obtained.
The parties must have given free consent for the court marriage, that is none of the party to the court marriage to be incompetent of giving valid consent due to unsound minds or any other factor.
- The court marriage age for a bridegroom is 21 years, and for a bride is 18 years.
The parties to the marriage should not fall within the degree of prohibited relationship.
Documents Required for Court Marriage in India
The applicant needs to furnish certain documents for completing the legal marriage process in the court.
Bride and Groom Documents
- Marriage application form duly signed by both bride and bridegroom
- Age proof documents of both parties (matriculation mark-sheet or Birth Certificate)
- Residential address 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.
- Documents of Witnesses
- Passport size photograph
- PAN card
- Proof of Identification – Driving license, Aadhar Card
Procedure for Court Marriage in India
The procedure for court marriage in India is explained in detail below:
Notice of Intended Marriage
The first step of court marriage is the preparation of the notice of intended marriage. The parties to the marriage have to furnish notice in a prescribed format to the Marriage Registrar of the districts in which at least one of the parties has resided for a period of thirty days immediately preceding the date on which such notice is given.
Publishing of Notice
The notice will be published by marriage by affixing it in Marriage Registrar’s office which is clearly visible, and will keep the original copy of the notice in the office records.
Objection to Marriage
Any person who has an objection for the marriage can raise the objection within 30 days from the date of publication of the notice by marriage officer. If the marriage officer finds that the objection raised is correct, then the officer will end the court marriage process. But if the objection is unjustified, then the officer will proceed with the court marriage registration procedure.
Declaration by Parties and Witness
Before performing the marriage, the court marriage application form has to be signed by the couples along with three witnesses declaring that the parties are doing the marriage with their free consent.
Solemnization of Marriage
The marriage can be solemnized at the office of the Marriage Officer or at any other place within a reasonable distance as the couples may desire. For conducting the marriage in any other places, an additional fee has to pay.
Once the marriage solemnization takes place according to the rules and regulations of special marriage act, the marriage registrar enters the details in the marriage register and the marriage certificate will be issued. The court marriage certificate is proof of the valid marriage of the couples after the signatures of parties and witnesses.