Procedure of Court Marriage in India

The Special Marriage Act of 1954 introduced court marriages to allow the union between individuals of diverse religions, castes, creeds, or nationalities through a civil ceremony. This article provides a layout to help you understand the legal requirements on how to do court marriage in India. Court marriage in India offers couples a simple and economical legally recognised union without the need for long ceremonies or traditional rituals. With changing societal norms and an increasing preference for simplicity, court marriages have become popular across the nation.

Mandatory Conditions required before proceeding with Court Marriage

The Special Marriage Act of 1954 provides the conditions before proceeding with the court marriage which include:

• ensuring neither party is already married

• the bride is at least 18 years old, and the groom is at least 21

• both parties are of sound mind and capable of giving consent

• they are not unfit for marriage or having children

• they do not fall within the prohibited relationship degrees unless permitted by their religious customs or traditions.

Consult: Top Family Lawyers in India

Brief outline of the procedure of Court Marriage

1. Notice of Intended Marriage: The parties submit a notice to the marriage office of their intended marriage at least 30 days beforehand in the prescribed format as provided in Schedule II of the Special Marriage Act.

2. Publication of Notice: The marriage officer posts the notice for 30 days in a conspicuous place at the office and one copy in the office of the district where (if) the other party permanently resides. if no objections arise, the marriage can proceed.

3. Objection to Marriage: Objections to a marriage can be raised with the district's Marriage Officer based on conditions outlined in Chapter II, Section 4 of the Act within 30 days. On objection being raised, either party has 30 days to appeal at the District Court within the local jurisdiction of the Marriage Officer.

4. Solemnisation of Marriage: If no objection is received, the marriage is solemnised the parties, along with three witnesses, are to sign a declaration form before the marriage officer.

5. Marriage Certificate: After this, the marriage officer provides a marriage certificate signed by both parties and witnesses, officially recognising the marriage.

Please note that a marriage certificate issued by a marriage registrar is considered conclusive evidence of marriage. However, if you have a certificate issued by Arya Samaj Mandir, it will not be considered valid. The Hon'ble Supreme Court in 2022 refused to recognise the validity of an Arya Samaj Certificate, stating that Arya Samaj has no business issuing marriage certificates. To know more and receive free legal advice on the same, you may click here .

What are the necessary documents required for Court Marriage?

• Application form provided by the Marriage Registrar.

• Birth certificate, passport, or school leaving certificate as proof of age of both parties.

• Voter ID cards, Aadhar cards, passports, and utility bills for proof of residence for both individuals.

• Recent passport-sized photographs of the parties.

• Three witnesses are needed to sign the marriage register. They must carry identification proof, such as an Aadhar card, voter ID card, or passport.

• An affidavit stating the marital status of both individuals and their consent for marriage.

• If either party was previously married, a death certificate or divorce decree of the former spouse must be provided. Additionally, an NOC from the concerned embassy or consulate is necessary if either party is a foreign national.

• A notice of intention to marry under the Special Marriage Act must be submitted to the Marriage Registrar at least 30 days prior to the wedding date.

• Parties need to sign a declaration stating that there are no legal impediments to their marriage.

What are the documents required for 'Registration of Marriage?

• Application form prescribed by the Marriage Registrar.

• Documents proving their date of birth, such as birth certificates, school leaving certificates, or passports for both parties.

• Aadhar card, voter ID card, or utility bills for the residential address of both individuals.

• Recent passport-sized photographs of the parties.

• Three witnesses, each of whom must provide identification proof such as an Aadhar card, voter ID card, or passport.

• Copy of the marriage invitation card or a self-attested affidavit declaring the date, time, and place of marriage.

• Declaration by both parties confirming that they are entering the marriage willingly without any coercion.

• If the marriage ceremony was performed in a religious institution, a marriage certificate issued by that institution.

• If either party was previously married, documents such as divorce decrees or death certificates of the former spouse.

• If either party is a foreign national, the embassy or consulate must give a No Objection Certificate.

Read more about the process of court marriage and its registration on LawRato. Irrespective of the city, the process of court marriage in India is to submit a notice of intention at the office of the Marriage Registrar where either party has resided for at least 30 days before the notice. The notice is then displayed for 30 days to allow for objections. If no objections are raised, the marriage can proceed within the next 90 days.

Consult: Top Family Lawyers in India

Court Marriage in Delhi

The ceremony takes place at the office of the Marriage Registrar, located in district courts across Delhi, including areas such as Tis Hazari, Patiala House, Karkardooma, Rohini, Saket, and Dwarka.

Court Marriage in Mumbai

Ceremonies usually take place at district court complexes, including those in Bandra, Andheri, Borivali, Dadar, Kurla, and Sewri. The required documents and witnesses are to be present.

Court Marriage in Pune

Court marriages in Pune occur at the Marriage Registrar's offices within district court complexes, including those in Shivajinagar, Hadapsar, and Yerwada with necessary documents and witnesses present.

Court Marriage in Bangalore

Ceremonies usually occur at the marriage Registrar's offices within district court complexes, including those in Jayanagar, Koramangala, and Malleswaram, with required documents and witnesses present. Here's a list of top lawyers for court marriages in any location in India provided by LawRato . All you have to do is click on this link, put in your location and you will have the list.

Is a lawyer required for Court Marriage?

Even though it is not mandatory, having a lawyer can assist in navigating any legal complexities and ensuring proper completion and submission of required documents/forms. Moreover, in case there are any objections or legal disputes, a family lawyer can provide valuable support, including filing appeals or representation in court. You can utilise services like LawRato's Ask a Free Question to gain access to free legal advice.

FAQs

1. What are the additional requirements for court marriage if one of the parties is a foreign national?
If one party is a foreign national , the marriage can still be solemnized either in India before the Marriage Registrar or in a foreign country before the Marriage Officer. Additional documents required include copies of both parties' passports with valid visas, proof of residence in the district for the past 30 days or a report from the local police station, and a No Objection Certificate (NOC) or Marital Status Certificate from the embassy or consulate in India for the foreign partner, if applicable.


2. Is it necessary to have witnesses for a court marriage?
Yes, court marriages mandate the attendance of three witnesses who must be of legal age and possess valid identification.


3. Is an Arya Samaj marriage certificate a valid proof of marriage in India?
No, an Arya Samaj marriage certificate is not considered valid proof of marriage in India. It is advisable to get the marriage registered by the Marriage Registrar as the Supreme Court held in 2022 that Arya Samaj has no authority to issue marriage certificates.


4. What is the timeline for a court marriage?
The timeline for a court marriage typically involves giving a 30-day notice of intention at the Marriage Registrar's office. Following this, a 30-day objection period begins. If no objections are raised, the marriage can be solemnized within the next 90 days.

Advocate Chikirsha Mohanty

4.0 | 2+ user ratings Greater Kailash - 1, Delhi
5 years

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