Archives April 2022

Court Marriage- Under Special Marriage Act,1954 Procedure, Eligibility & Age India

A court marriage can take place or be solemnized in the court itself in the presence of a Marriage Officer and three witnesses. This type of marriage does not have to necessarily include the elaborate customary or ritualistic steps of the personal laws of the parties to the marriage. Merely marrying in the presence of marriage officer in accordance with the act is sufficient for a valid marriage.

Court marriages are solemnized under the Special Marriage Act, 1954. 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.

Steps involved in a court marriage in India

  • Information about the intention to get married

The 1st step of the procedure of court marriage is to notify the marriage officer of the district about your intention to marry. One can do this by filling up the court marriage application form (which is mentioned in Schedule II of the Special Marriage Act, 1954). This can also be downloaded from the internet. One has to submit this form 30 days before the date of the marriage to the officer of the district where either of the partner resides in.

  • Display of the Notice

After being informed, the district marriage registrar displays the notice at a prominent place at his office for 30 days. Within this period, anyone can object to the marriage if they deem it to be illegal under the Act and eligibility conditions prescribed under it. Section 7 of the Special Marriage Act states that any person whose has an objection to the marriage intended can raise so within 30 days from the publication of the notice. Once any such objection is received, the marriage registrar verifies the validity of the same. On being reasonably satisfied with the validity of the objection, the registrar will end the court marriage process therein. In such cases, the partners may appeal to the concerned district court, against the order of the marriage registrar. If there is no valid objection, the officer can proceed with the procedure of court marriage, as per the laid down court marriage rules.

  • Issuance of Court marriage certificate

If all the formalities are completed, the marriage registrar specifies the details of the court marriage in the court marriage certificate. This is as per provisions mentioned in Schedule IV of the Special Marriage Act. The certificate is issued within 30 to 90 days

Documents required for a court marriage in India

  • Application form (notice in the form specified) duly filled and signed by both the groom and bride.
  • Documentary evidence of the date of birth of both the parties (matriculation certificate/ passport/ birth certificate)
  • Receipt of fees paid with respect to the application form in the District Court
  • Documentary evidence regarding stay in Delhi of one of the parties for more than 30 days (ration card or report from the concerned Station House Officer).
  • Separate affidavits from bride and groom giving- date of birth, present marital status (unmarried/widower/ divorcee).
  • Affirmation that the parties are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act.
  • Passport size photographs of both parties (2 copies each) duly attested by a gazetted officer.
  • Copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower

Documents required in for court marriage with a foreign national:

  • A copy of passport and visa
  • A certificate of NOC or marital status certificate from the concerned embassy
  • One of the parties should produce documentary evidence regarding stay in India for 30 or more days (proof of residence or report from the concerned SHO)

Tags: Marriages, Court Marriages, Special Marriage Act, Documents, and Registration

For Details Contact Advocate Amay Mishra Mobile No. +91 9455555111