Getting married by the Court in India is a very popular option for couples who want to keep their marriage simple and economical, or for couples who have inter-religious or inter-caste backgrounds. It also serves as a protective environment for couples who are going against the wishes of their family. It is a relatively simple procedure when it comes to Court marriage compared to traditional marriage where many rituals and customs are followed. Weddings are performed in front of a Marriage Registrar and there aren't many witnesses. Here you will find information and guidance on the court marriage procedure for getting married in India.
'Court Marriage' is defined in the Special Marriage Act of 1954. Civil marriage provides for marriage between couples from different religions, castes, creeds, or nationalities. It also registers a marriage.
How do I proceed with a Court Marriage?
Parties to a Civil Marriage Contract must first meet certain conditions spelled out in the Special Marriage Act of 1954. This includes:
- An existing valid marriage should not exist between any of the parties.
- During the wedding, the bride and groom should be 18 years old and 21 years old, respectively.
- A couple should be of sound mind and capable of giving valid consent to their marriage if they are of sound mind.
- There should be no reason for them to be unfit for marriage or to have children.
- In other words, neither of the parties should, by any means, fall within the degrees of the prohibited relationship as provided in Schedule I of the Act unless it is considered valid by the customs or traditions of either religion of the two parties.
How is the process of a court marriage carried out?
Applications and Notices of Intended Marriage
To obtain a Special Marriage Act License, the parties must use the prescribed format in Schedule II.
A copy of the notice should be sent to the Marriage Registrar of the district in which at least one of the parties has resided for at least 30 days beforehand.
Notice publication
Following completion of the notice, the notice shall be published by the Marriage Officer of that district.
Publication shall be in a conspicuous place in the office, and one copy in the district office where (if) the other party resides permanently.
There is no objection to the marriage
On the conditions stated in Chapter II, Section 4 of the Act, an objection to the marriage may be lodged with the Marriage Officer of the district by any person who meets all the requirements. An objection received within 30 days from the date of publication of the notice will prevent the marriage from being solemnized.
A couple's remedy should an objection be filed
Within 30 days of the refusal to solemnize the marriage, either party may appeal to the District Court within the local limits of the district under the jurisdiction of the Marriage Officer.
Symbolic solemnization of marriage
A marriage will be solemnized if no objection is received within 30 days of receiving the marriage license. The parties to the marriage as well as 3 witnesses need to be present at the office on the given date for registration/solemnization.
Wedding Certificate
Marriage Certificates are issued by the officer in the prescribed format, which has to be signed by both parties and three witnesses. The certificate is conclusive proof that a marriage has occurred.
What are the requirements to be able to get married in court?
- An application form for marriage in prescribed format and accompanying fees
- Photographs of bride and groom the size of passports
- The marriage certificate of the parties
- Proof of the date of birth of both parties
- Address proof and PAN cards of all 3 witnesses
- Death certificate/divorce decree (optional) - in the event either has a previous marriage history.
What documents are required for registering a marriage?
- Application signed by both parties for registration
- Passport-sized photos of both & one of the marriage
- Proof of marriage from the married parties
- A list of acceptable documents is provided in the document acceptance policy
- Certificate of Marriage from the priest performing the wedding
- Any certificates from a priest attesting to the parties' conversion, if any of them is a convert
- An affidavit from each party attesting to the truthfulness of the above detail
- Both parties have declared they are not related in the specified prohibited relationships.
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