What is the process of court marriage

480 votes

A Court Marriage is solemnised under the Special Marriages Act, 1954. This procedure does not require any religious ceremonies and partners irrespective of their religion wanting to get married can do so within a 35-45 day period.



There are however the following pre-requisites applicable for court marriages through the Special Marriage Act 1954:



i. Neither party should have a spouse living at the time of marriage.

ii. Both the parties should be of sound mind, capable of giving valid consent, fit for marriage and procreation of a child.

iii. Male should have completed the age of 21 years and female should have completed the age of 18 years at the time of marriage.

iv. Parties are not within the degrees of prohibited relationship – Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship. (Degrees of Prohibited Relations has been defined in Section 2(b) of the above mentioned Act).



There are basically three stages of going for a Court Marriage.



Stage I: Filing of application form and preparation of required documents



You need to locate the Marriage Officer's office in whose jurisdiction your application will be accepted - this is based upon your residential proof. Thereafter, you need to fill application forms, prepare necessary affidavits and collect required documents. Exact documentation required to be submitted varies depending on jurisdiction and individual case by case basis. In general, the following documents are essential:



i. Documentary evidence of date of birth of both the parties: Matriculation Certificate / Birth Certificate / Passport (depending on your jurisdiction).

ii. Residential proof of both the parties: Ration card / Election ID card / Passport and Driving License (depending on your jurisdiction). 

iii. Photographs: Passport size photographs of both parties (3 copies each)

iv. Separate affidavits from husband and wife on non-judicial stamp paper duly attested by Notary Public or Oath Commissioner

v. Self attested photo copies of  PAN card and Voter ID/ Ration Card/ Passport/ Driving License of 3 (three) witnesses



All the photocopies of required documents and photographs need to be attested by a Gazetted Officer.



Stage II: Submission of completed application and notice period



The completed application needs to be submitted to the office of concerned Marriage Officer. It is compulsory for both husband and wife to be present at time of submission of application. All original documents are required at the time of submitting the application form. After submitting the forms, applicants are given a date and time for appearance before marriage registrar for solemnization of marriage. 
A notice of intended marriage (with photographs and details) will be published on the notice board of office of concerned Marriage Registrar Office for a period of 30 days. During course of the procedure of solemnization under Section 13 of the  Special Marriage Act 1954, any person may file an objection to the intended marriage within 30 days of issue of notice on public notice board.



Stage III: Appearance before concerned registrar on date of appearance



On the date of appearance, both parties have to appear before marriage registrar. All original documents are required at the time of registration of marriage.



3 witnesses will also need to be present along with couple during the procedure on date of appearance for court marriage



Next step is to deposit a registration feeand complete formalities of matching name spellings and tallying documents.



After examination of documents and application forms and parties, registrar will ask the parties to take an oath in front of him - the format of oath will be provided. 



After satisfying that no one has any objection with respect to the said marriage, Registrar will ask the parties to sign the marriage certificate and counter sign the same. 



In cases where such a objection is filed, the Officer shall not solemnize the marriage until he has decided on the validity of the objection raised within 30 days of receipt of the objection. Valid objections include age of any of the parties intending to get married or the bride is too closely related to the groom (parties are within the prohibited degrees of relationship) or that either party has a living spouse. The Officer will not solemnize the marriage until he has inquired into the matter of the objection and is satisfied that it ought not to prevent the solemnization of the marriage or the objection is withdrawn by the person making it.



In cases where a valid objection is found after enquiry and the Officer refuses to solemnize the marriage, any of the parties may file an appeal within 30 days to the District Court. 



After showing the receipt, the marriage certificate is handed over to the newly married couple on the same day.

LawRato LawRato

562 votes

There is no provision of court marriage in India, marriage registration is publicly called court marriage. You can resister your marriage in Office of the Addl. District Sub-Registrar or local non-official Marriage Officer. Contact with a local marriage Officer or ADSR office.

Advocate Minansu Bhadra LawRato

928 votes

If both parties are Hindus then as per section 7 (2) of HMA, where such rites and ceremonies include the saptpadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken. State Amendments Section 7A Pondicherry: After section 7, insert the following section, namely:
(a) by each party to the marriage declaring in any language understood by the parties that each takes the other to be his wife or, as the case may be, her husband; or
(b) by each party to the marriage garlanding the other or putting a ring upon any finger of the other; or
(c) by the tying of the thali.

If by SMA, to apply before a month and marry within 3 months,

For both the marriages if the husband and wife approaches marriage registrar that should be enough.

Advocate Aveek Bose LawRato

628 votes

Yes. There are two Marriage. Hindu Marriage, if you are Hindu. Other is Special Marriage.
Also in Hindu Marriage, if you desire after Registration you got Social Marriage, then it became Special Marriage. And if you desire after solemnisation of Hindu Marriage Ceremony you will Registered the Same, then it is called Hindu Marriage Registration.
I think you wants to know about Special marriage. In each and every District there is a Registry Office, you can go there with the girl to whom you will marry and ful fill the process and after one month and within 60 days you can go there with 3 Nos of Witnesses. The Registrar after taking Oath, and official formalities declare both of you as husband and wife under Special Marriage Act. It is also can done by several Marriage Officer in each and every City.
On the other hand, if you solemnised your marriage by observing Hindu Rites and Customs. then you go to the Marriage Registry Office or Marriage Officer in your City and prepare necessary Documents. And after 15 days go there with 3 Nos of Witnesss. put Signatures in the Documents. your Marriage will be Registered under Hindu Marriage Act. It is after marriage Registration. And the First one is Before marriage Registration.

Advocate Sanjoy Acharjee LawRato

715 votes

Marriage of a Indian national is solemnized or contract under personal laws. Therefore, it is necessary to know the religion of both the parties to the marriage. Inter religion marriage also possible under Special Marriage Act,1954. Its a secular law, caste and creed has no bar. Marriage under Special Act is commonly known as court marriage.

Advocate Aniket Joardar LawRato

941 votes

For going through a court marriage procedure, you need the following documents.

Application form filled and signed by both the bride and the groom.
Receipt of payment of fee.
Separate affidavits from bride and groom. They need affidavits for DOB, marital status, and relationship with each other.
2 attested passport sized photos (each) of the bride and the groom.
Copy of divorce decree/order or death certificate (if applicable).
Proof of date of birth (DOB) such as copies of matriculation certificate or passport.
Proof of stay in the particular district for more than 30 days. You can submit documents like Ration Card or a report from the local SHO
Usually, the SDM/ADM or /Deputy Commissioners of a city act as marriage officers.
You should go to the officer and fill a form also affidavit and legal draft papers
Two Witness is necessary for your marriage
This all process can take 30 days
And fees is only leagal expenses which may be 1000 or less
You should appoint a lawyer for all process
Wish you happy married life ..... Do Respect to women

Advocate Dharmendra Singh Rajvi LawRato

589 votes

As we Read the Query With regard to Marriage complete
Details of Boy & Girl Who is going to marry
DOB Certificate
4 Photographs
6 Photographs joint
2 witnesses
We have to Prepare documents and it will take around 2 days.
let us know along with all documents

Advocate Gourav Thanvi LawRato