The Court Marriage procedure in India is relatively simple. In this blog, we talk about how to do a court marriage in India with all the legal formalities required for a court marriage.
WHAT IS COURT MARRIAGE?
Court Marriages in India are different than the traditional marriages as they take place in court in the presence of a marriage officer without following the traditions in a customary marriage. Court Marriage is the solemnization of marriage between a male and a female who are eligible to marry without any bar to their caste, religion, or creed in front of a court, a marriage officer and in the presence of three witnesses. You don’t need a customary celebration to solemnize your wedding in case of Court Marriage in India.
In India, court marriage, as defined under the Special Marriage Act of 1954, offers a streamlined and legally binding avenue for couples seeking to formalize their union. This form of marriage transcends caste, creed, or religious barriers and is solemnized under the supervision of a designated marriage officer, typically a Sub-Registrar empowered by the Act.
The only condition is, it should satisfy the essentials of the Special Marriage Act, 1954. It is not necessary for Court Marriage that both parties be of Indian nationality. Court Marriage can be done by an Indian national with a foreign national. Persons of two different gender either belonging to the same or different religion can marry each other through Court Marriage.
Court Marriage is in accordance with the provisions of the Special Marriage Act, 1954 which provides for:
Court Marriage rules and regulations provide for the conditions which one needs to fulfill before going ahead with the Court Marriage process. These Court Marriage rules are given under Section 4 of the Special Marriage Act as well. The parties have to meet the essential conditions prescribed in the act before mutually entering or signing the Civil Marriage Contract. The conditions are as follows:
No pre-existing marriage: There should be no pre-existing marriage for either the male or female unless the previous spouse is not living or divorce has been obtained from the previous spouse.
Valid Consent: The parties must have given free consent for Court Marriage i.e., none of the parties intending to do Court Marriage should be incompetent of giving valid consent due to unsound mind or any other factor.
Age: The parties must be eligible to marry i.e., they should be of Court Marriage age. The Court Marriage age for a boy is 21 years and the Court Marriage age for a girl is 18 years.
Prohibited degrees of relationships: The parties to the marriage should not be related to each other under the prohibited degrees of marriage as provided in Schedule I of the Act. Unless it’s valid in the customs or traditions of the religion of any of the two parties.
However, when a custom governing at least one of the parties permits the marriage between the parties then such a marriage may be solemnized irrespective of the relationship falling within the degrees of prohibited relationships.
Conditions For Court Marriage
To proceed with a court marriage, specific prerequisites must be met, including:
Absence of Prior Spouse: Neither party should have a living spouse at marriage.
Capacity to Consent: For a marriage to be legally valid, both parties must have the mental capacity to consent without cognitive impairments.
Age Criteria: The minimum age for the groom is 21, and for the bride, it is 18.
Prohibited Relationships: The couple should not be within the prohibited degrees of relationship stipulated by law.
Documents required for a Court Marriage
You need certain documents for completing the legal marriage process in court. Without these documents, the solemnization of the marriage process in India is not possible.
One requires the following documents from both the prospective bride and groom for the procedure of Court Marriage.
- Affidavits: Separate affidavits from the bride and groom affirming personal details, marital status, and absence of prohibited relationships.
- Photographs: Passport-size photographs of the bride and groom.
- Residential Proof: Documents validating the residential address of both parties.
- Proof of Age: Documentation verifying the date of birth of the bride and groom.
- Marriage Notice: A copy of the notice of intended marriage signed by both parties.
- Divorce/Death Certificates: In divorce or widowhood cases, relevant documents substantiate the termination of previous marriages.
Who can be a witness to the Court Marriage?
Any person such as a family member, a family friend, a colleague or a friend can be a witness to a Court Marriage. Also, there must be three witnesses for the solemnization of valid Court Marriage.
Documents of the witnesses required for Court Marriage Following documents are required for Court Marriage from the witness:
Residential proof of the witness is the most important document which has to be furnished before the Marriage Officer.
PAN Card of the witness must also be presented before the Marriage Officer.
One passport size photograph each from the three witnesses to the marriage.
An identification document of the witnesses such as Driving Licence, Aadhar Card, etc.
Procedure for Court Marriage
The process of court marriage unfolds through the following sequential steps:
Notice Submission: The parties submit the notice of intended marriage to the designated marriage officer at least 30 days before the proposed marriage date.
Notice Publication: The marriage officer affixes the notice in a conspicuous location within the office premises for public scrutiny.
Objection Period: Any objections to the proposed marriage must be raised within 30 days of notice publication, grounded on legal rather than personal grounds.
Resolution of Objections: The marriage officer investigates objections and proceeds with marriage solemnization if no valid objections are sustained.
Declaration and Witnesses: Upon resolution of objections, the parties, along with three witnesses, submit a formal declaration as per the prescribed format in the presence of the marriage officer.
Marriage Venue: The marriage can be solemnized at the marriage officer’s office or any alternate venue mutually agreed upon by the parties, subject to additional fees if applicable.
Issuance of Marriage Certificate: Following solemnization, the marriage officer issues a marriage certificate as conclusive evidence of the marital union.
Fees involved in Court Marriage
Court Marriage fees are different in different states. Generally, Court Marriage procedure fees are between Rs 500 to Rs 1000. But it is always advisable to check the fees while filling in the online application for Court Marriage as It may also go beyond the cap because every state frames its own rules and regulations and prescribe its fee structure for the solemnization of Court Marriage.
One needs to attach the Court Marriage documents along with fees for completing the Court Marriage registration form.
“Under the Special Marriage Act, 1954, any parties of all the religions belonging to any caste, creed, color or sex who want to get married without being involved in any customary tradition can do Court Marriage. It is an effective and very affordable process of marriage,” says Advocate Ankit Sharma.
Total time taken for the entire Court Marriage procedure
Usually, the entire process of solemnization of a Court Marriage requires 30 – 60 days. Post-publication of the notice of intention, a time period of 30 days is given, for any objection to being raised against the marriage, if any, by the Marriage Officer and if any objection is raised within that period, an inquiry period of 30 days is allotted for the Marriage Officer.
Note: If a marriage is not solemnized within 3 months from the date of the notice, then a fresh notice has to be given to the Marriage Officer for fresh conduct.
Exceptions and other Conditions in the Procedure for Court Marriage
The eligibility criteria for Court Marriage has certain exceptions. However, the marriage is prohibited between the prohibited degrees of relationship but the marriage can be solemnized between the prohibited degree of a relationship if your custom allows the same.
Even if in the custom of one party to the marriage is allowed to marry in the prohibited relation, then also this exception will be applicable
If the marriage has to be done in the state of Jammu & Kashmir then it is mandatory that both the parties to the marriage must be Indian citizens. It simply means that there is no procedure to get married in court with foreign nationals in the state of Jammu & Kashmir
For a foreign national to marry under the Special Marriage Act, 1954 they have to live in India for at least 30 days. They must have a residence proof as well
In case they do not have Indian residence proof, they can get the same from the local police station in whose jurisdiction they are living
Uniformity of Court Marriage Process in India
Special Marriage Act is a secular act which is applicable to the persons of all religions uniformly. Thus, the procedure of Court Marriage is uniform for all persons with no bar to any religion. Every law updates itself from time to time, and till now, one can see constant updates in various acts and sections of the Indian law.
Advantages of Court Marriage
Court marriage offers several distinct advantages, including:
Cost-Effectiveness: The streamlined procedure minimizes expenses associated with traditional wedding ceremonies and rituals.
Flexibility: Couples can customize the marriage ceremony according to their preferences.
Legal Validity: A court marriage, solemnized under the purview of the Special Marriage Act, holds legal sanctity, ensuring the rights and obligations of both parties.
Consent Assurance: The marriage officer oversees the marriage, ensuring that both parties enter the union willingly and without coercion.
Issues pertaining to Court Marriage
One thing which is feasible about the Indian Court Marriage procedure is that the process of the court is a relatively simple one in comparison to the customary marriages, which start from filling an online application for Court Marriage till the registration of Court Marriage.
Despite it being the simple and easy way of marrying your loved one, there are certain complexities in a Court Marriage. The few complications which are involved in a Court Marriage procedure are as follows:
Dates for Court Marriage are dependent upon the marriage registrar as to what date will he allot for appointment to come in person for solemnization of Court Marriage of the intended parties.
Even if there is an emergency for an early date, allotting an early date isn’t possible. As one has to give the date 30 days before from the date of publication of the notice. This is to see if anyone raises objections or not.
Any person can prevent a Court Marriage from being solemnized for a long period by raising an objection against a Court Marriage within a stipulated time period and then the decision depends on the determination of the Marriage Officer and his findings on the matter.
If there is an objection, then it can delay the process for Court Marriage till the marriage officer decides on this objection.
If in case the process of applying for Court Marriage is online, one has to appear before the marriage registrar for solemnization of marriage. Also, online portals don’t work in every part of the country.
One requires to give the notice of marriage to the office of the marriage registrar in whose jurisdiction the parties to the marriage have been residing for a minimum of 30 days. It is such that you can’t go anywhere else for completing the marriage process in India.
The documents required, the fees to be paid and the persons appointed as Marriage Officers differ from place to place. It is generally as per the rules framed by the respective States.
If the solemnization of marriage doesn’t take place within 3 months from the date of the notice of marriage, then you have to give a fresh notice to the marriage officer for solemnizing the procedure of marriage.