Process of court marriage and registration

Court marriages are solemnized under the Special Marriage Act, 1954. A Court marriage can be performed between an Indian male and a female irrespective of their caste, religion or creed. It can also be solemnized between an Indian and a foreigner.

The procedure of the Court marriages does away with the rituals and ceremonies of the traditional marriages. The parties can directly apply to the Marriage Registrar for performance & registration of marriage and grant of marriage certificate.


Essential Conditions for a Court Marraige:

There should not be subsisting valid marriage of either of the parties with any other person.
The bridegroom should be of twenty-one (21) years and bride should be of eighteen (18) years of age.
The parties should not be of unsoundness of mind of such a nature as to be unable to give valid consent for the marriage, or suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and procreation of children, or has been subject to recurrent attacks of insanity.
The parties should not fall within the degree of prohibited relationship.


Procedure of Court Marriage when both parties are Hindus:

The parties have to file a Notice of Intended Marriage in the specified form 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 is then published/put-up by the Registrar of Marriage inviting objections, if any.
After the expiration of 30 days from the date on which notice of intended marriage has been published, the marriage may be solemnized unless it has been objected by any person.
The marriage may be solemnized at the specified Marriage Office.
Both parties along with three witnesses are required to be present on the date of registration/Solemnization.


Documents required for a Court Marriage:

Application form in the prescribed format with the prescribed fee
Passport Size Photographs of Marrying Persons
Residential Proof of Marrying Persons.
Date of Birth Proof of Marrying Persons.
Residential Proof and PAN Card of Three Witnesses
Death certificate or divorce decree whichever is applicable, in case one of the parties had any marriages in the past.