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Procedure Of Court Marriage In India

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Court marriages are very different from traditional Indian marriages. They are solemnized under/following the Special Marriage Act, 1954 (from now on ‘the act’).

In the procedure, the marriage can take place or be solemnized in the court itself in the presence of a Marriage Officer and three witnesses. These marriages do not have an elaborated ritualistic ceremony of the personal laws of the parties to the marriage. Simply marrying in the presence of a Marriage Officer following the act is sufficient for a valid marriage.

Some Questions Regarding the Court Marriage

What’s a Court Marriage

Court Marriage means legal authorization of marriage between two people belonging to two different religions, according to the Special Marriage Act 1954. Even those who belong to the same religion may also choose court marriage. 

Can marriage be registered Online?

No, marriage registration cannot be done online. The physical presence of both the parties are required in front of the marriage registrar

Is the Parent’s approval needed for Court Marriage?

No. There is no need for parents’ approval of court marriage.

How many Witnesses are required in Court Marriage?

Although you will be getting married on your consent in the presence of the marriage officer, you will need to have at least three witnesses at the ceremony.

Can you marry a Foreign national?

If you or your partner are of the opposite sex and legal age, you can marry anyone you want. However, the procedures to marry a foreign national is a bit different. The detailed explanation is given below.

Detailed Explanation of Procedure of Court Marriage in India

Who can marry through Court Marriage procedures?

Any two individuals of different genders, of same or different caste or religion can marry through court marriage procedure.

Essential Conditions for Court Marriage:

Chapter II, Section 4 of the act provides the following conditions

  •  Either person must not be married to other living parties.
  • The bride must have attained the age of 18 years and the bridegroom, 21 years
  • Any of the persons must not be of unsound mind or suffer from insanity.
  • The parties must not be within degrees of prohibited relationship.

Procedure when both parties are Hindus:

  • Notice of the intended marriage – The couple must file note for the intention of marriage to the district court where he or she resided at least 30 days before the notice.
  • Publication – The notice is, then, publicized by the Registrar for Marriage to invite any objections.
  • Objection to Marriage – 30 days after the notice is put up; the marriage may be solemnized if no complaints have been raised.
  • Declaration by Parties and Witnesses – Three witnesses and both parties are required to be present at the event of solemnization.

Then declaration is made by Bride and Groom.

Declaration done by Bride:

Declaration done by Bridegroom:

Signatures required for Court Marriage

  • Place and form of Solemnization –The marriage shall be binding only when each party in the presence of the Marriage Officer and the three witnesses says to the other party in any language understood by the parties.
  • Certificate of Marriage –The marriage officer enters a certificate in the form specified in Schedule IV of the act in the marriage certificate book. If signed by both parties and three witnesses, such a certificate is conclusive evidence of the court marriage.

A Sample of Marriage Certificate

Documents Required For Court Marriage:

  • Application form in the prescribed format with necessary fee.
  • Residential proof of the couple.
  • Passport size photos of the couple.
  • Proof of date of birth of the couple.
  • PAN card and residential proof of three witnesses.
  • Divorce decree or death certificate of the former spouse as required.

Procedure when both Parties are of Different Religions:

The marriage under the Special Marriage Act 1954 is a civil contract and hence does not need any ceremonies or rites. When either spouse or both are not Hindus, this procedure is invoked.

Documents required and procedures are the same.

Court Marriage between an Indian National and a Foreigner

Marriage between a foreign national and Indian national can be solemnized by an Indian Marriage Registrar or a marriage officer in a foreign country.

Eligibility:

  • One partner must be a citizen of India.
  • The groom must have attained 21 years of age and the bride 18 years of age.
  • Neither party must have a living spouse already.
  • Neither party must be a sufferer.
  • Neither party must be within degrees of prohibited relationship.
  • Either party should not have any other valid marriage.

Documents Required:

  • Application signed duly by the parties.
  • Evidence in documents of the date of birth of the parties.
  • Passport Copy of the parties with valid visas.
  • Proof of residence of both parties.
  • Evidence of stay of more than 30 days in any district in India of either one party.
  • No Objection Certificate or certificate of marital status from the particular embassy or Indian consulate must be furnished by the foreign partner.
  • Divorce decree or death certificate whichever is applicable regarding the former marriage of any party.

Procedure:

The first few steps are the same. All documents need to be verified by the Marriage Registrar Office. Care is taken to ensure the laws of other nation are not in conflict with Indian laws. The notice is publicized as usual to invite any objections. After that marriage is solemnized with three witnesses and Marriage Certificate is granted by the Marriage Registrar.

How Long the entire process of Court Marriage takes to be completed?

The entire procedure, starting from the very first step (giving notice), takes maximum up to 60 days. Provided that no objection comes up within 30 days from the date of publication of the notice.

Advocate in Chandigarh has considerable experience in dealing with Court Marriage procedures. We help the couple to complete the procedure of court marriage and procure the marriage registration certificate from the registrar on the same day.

If you would like to contact us for any guidance or assistance, please call us 9914328749 or email us using advhighcourt14@gmail.com

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