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

Procedure of court marriage in India

Court Marriage In India, a court marriage takes place under the special marriage act, 1954 and is common across the nation. a court marriage is performed without any discrimination on the basis of caste, color, religion, or creed. The parties who are belonging to two different religions are also eligible for court marriage. Simply a court marriage means solemnizing of marriage according to law. Court marriage can also be performed in inter-caste and inter-religion people. The interested parties can directly apply to the Marriage Registrar in order to get a marriage certificate.

Eligibility for court marriage-

1.      Firstly, both the parties should not have lived as husband /wife at the time of marriage.

2.      The bride should be at least 18 years of age and the groom should be of 21 years of age.

3.      The parties should not be of unsound mind.

4.      They should not be unable to give valid consent at the time of marriage.

5.      Both parties should not suffer from any kind of insanity or mental disorder.

6.      Both the parties should not be within the degree of prohibited relationship. ( the court marriage can take place within a prohibited relationship if their custom allows doing so)

Document required for court marriage-

Following are certain documents which are required for court marriage:

The application form should be signed by both parties.

1.      Date of birth proof of the bride and groom.

2.      Residential proof of the bride and groom.

3.      Ten passport size photographs of the bride and groom.

4.      if the parties are previously married Death certificate or divorce decree.

5.      Affirmation by the parties that they are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act.

Process of court marriage-

Step 1-Notice of marriage

Firstly, the parties need to give notice to the marriage officer of the district. It mandates that the parties to the marriage shall give notice of the intended marriage in writing and in the form prescribed in the Second Schedule to the Marriage Officer.

Step 2-To publish the notice

The Marriage Officer shall publish the notice by affixing it to some conspicuous place in his office after publishing the notice; there is a waiting period for 30 days for any kind of objection. If there is no objection, then the marriage officer can perform the marriage.

Step 3- Objection to marriage

Under section 7, anyone can object to the court marriage within the 30 Days period that the marriage would violate any conditions specified in section 4 of the act. but the objection should be on a legal basis, not on a personal basis. The Marriage Officer, under section 8, on receiving an objection would enquire into it within 30 days and solemnize the marriage if the objection doesn’t impede the solemnization of the marriage.

Step 4- declaration by the parties and the Witnesses

Before the solemnization of the marriage, three witnesses are required in court marriage. Signature and declaration in the form specified in the Third Schedule, in the presence of the Marriage Officer by both the parties and three witnesses are required.

Step 5- Certificate of marriage

After following all these steps, the marriage officer will give the marriage certificate. And this certificate must be signed by both the parties and three witnesses. such a certificate is conclusive evidence of the court marriage.

Court marriage cost-

Advocate can give accurate information about court marriage fees and other expenses. You may The process of court marriage cost also varies from state to state and one has to individually look into the fees of the respective place where the marriage is to be solemnized.

Advantages of court marriage:

It is economical and a simpler process

It saves the huge expenses of a wedding rituals and ceremonies.

The parties to the marriage get the option of solemnizing the marriage in any way they want.

It ensures the consent of both the parties. As both, the parties of marriage willingly sign the marriage documents. But There as in the marriage of ritual, the consent of the parties may or may not be free.

Work of a Lawyer in court marriage:

The parties first consult their advocate for filing the notice of the marriage. A matrimony lawyer will be your best bet to go ahead with the court marriage procedure.

An advocate will advise the parties to the marriage as per the applicable law, the place of registration, where marriage can be registered.

An advocate will ensure that the parties are of majority age.

An advocate will ensure free consent of both parties.

An advocate will prepare all the necessary documents required for the registration process. It helps in reducing the burden and time of parties to the marriage.

An advocate will set up a mutually convenient time for you, your partner, and the three witnesses to meet at the office of the marriage registrar to conduct a final check of documentation.

In case of further claims and deliberations raised, an advocate will file an appeal on behalf of parties and make the arguments.

Court Marriage in Lucknow

What is a Court Marriage?

Court marriage is very different from the traditional marriages which generally take place in between all the family members and relatives by following all the rituals. Court marriages generally take place in the presence of a marriage officer. In court marriage, any two persons Bride and Groom who are eligible can marry each other in the presence of three witnesses. There is no need for any rituals to solemnize the marriage. Presence of a marriage officer and three witnesses is enough. The main important thing in court marriage is that it should satisfy the rules and regulations of the special marriage act, 1954. Any individuals of different genders irrespective of their caste and religion can get marry each other through the court marriage. It is not even mandatory that both the individuals must be of Indian nationals. There can be one Indian national and one Foreign national also.

Court Marriage under Special Marriage Act, 1954

Court Marriage is a union of two soul where oath ceremony is performed according to Special Marriage Act-1954 before the Registrar of Marriage in the presence of three witnesses thereafter a court marriage certificate is issued directly by the Registrar of Special Marriage. The main reason behind the enactment of the Special Marriage Act was to provide a special form of marriage for the people of India and all Indians residing in foreign countries, irrespective of the religion or faith followed by either party, to perform the intended the marriage. According to the Act, the bride and the groom shall observe any ceremonies for the solemnization of their marriage, provided they complete certain formalities that are prescribed for the marriage, by the Act. The Special Marriage Act 1954 has proved to be beneficial for the NRIs, because it provides for the appointment of diplomatic and consular officers as marriage officers (registrars), for solemnizing and registering marriages between citizens of India, in a foreign country. The Special Marriage Act 1954 is applicable throughout India.

Documents required for court marriage:

1. Date of Birth Proof : ( Birth Certificate or 10th matriculation Certificate ) of Bride & Groom.

2. Identity Proof: Aaadhar Card/ Voter ID Card/ Driving License/ Passport of Bride & Groom.

3. Photographs: 9 Passport size photographs of each bride & groom.

4. Witnesses: Three witnesses are required along with their I. D. Proof – Adhar Card / Voter ID Card / Passport / Driving License and two passport size photographs.

If any party is divorcee Certified copy of Decree of Divorce granted by the Court.If any party is widow / widower Death Certificate of the dead spouse.

If any party is a Foreign Citizen or holding a foreign Passport or is having foreign residential address – Certificate of Present Marital Status of the party / No Impediment Certificate / NOC from concerned Embassy and Valid VISA.

Physical presence is required:

For Court Marriage in Lucknow Groom and Bride are required to physically present before the court of marriage officer along with their required all documents and Witnesses also.

Foreigner or NRI Marriage in Lucknow:

If you’re a foreigner who’s dreamed of getting married in India, you may be disappointed to know that it’s a lengthy and time consuming process to do it legally. You should be prepared to spend around 60 days in India. Here are the basic legal requirements for getting married in India.

In India, civil weddings are governed by the provisions of The Special Marriage Act (1954). Under the Act, there’s a 30 day residency requirement, which means that either the bride or the groom has to be living in India for at least 30 days prior to applying to the local registry office to get married. For foreigners, this is evidenced by a certificate from the local police station.

You’ll need to submit your In addition, evidence of eligibility to be married is usually required. Anyone who hasn’t been married should obtain a single status affidavit (in the US), a Certificate of No Impediment (in the UK), or Certificate of No Record (in Australia). If you’re divorced, you’ll need to produce the Decree Absolute, or if you’re widowed, a copy of the death certificate.

If no objections to the marriage are received within 30 days of the application, a civil ceremony at the registry office can then take place. Three witnesses are required, who have to provide passport sized photographs, as well as identification and proof of address. The marriage certificate is usually issued a couple of weeks after the wedding.