Court Marriage Procedure

What is Court Marriage?

Court marriage is a legally recognized union of two individuals that is performed and registered by a government official, known as the Marriage Registrar, under the Special Marriage Act, 1954, in India. This process allows couples of different religions or those who wish to avoid traditional religious ceremonies to marry legally.

Key Features of Court Marriage

Legal Framework: Governed by the Special Marriage Act, 1954.
Secular Nature: It is a civil contract and does not require any religious ceremony or rituals.
Eligibility: Open to all Indian citizens, irrespective of their religion, caste, or creed.
Age Requirement: The bride must be at least 18 years old, and the groom must be at least 21 years old.
Free Consent: Both parties must give their free and voluntary consent for the marriage.
Witnesses: Requires the presence of three witnesses during the solemnization.

Process of Court Marriage

Notice of Intended Marriage: The couple must file a notice of intended marriage with the Marriage Registrar of the district where at least one of the parties has resided for a minimum of 30 days.

Publication of Notice: The notice is displayed publicly for 30 days, during which objections can be raised.

Objection Handling: If objections are raised, the Marriage Registrar investigates and decides on the validity of the objections.

Solemnization: If no valid objections exist, the marriage can be solemnized in the presence of the Marriage Registrar and three witnesses.

Marriage Certificate: After solemnization, the marriage is registered, and a marriage certificate is issued. This certificate serves as conclusive proof of the marriage.

Documents Required for Court Marriage

Proof of age (birth certificate, school leaving certificate, etc.)

Proof of residence (ration card, voter ID, passport, etc.)

Passport-sized photographs of both parties

Affidavits from both parties stating their marital status, relationship with each other, and affirmation of mental and physical fitness for marriage

Divorce decree or death certificate of spouse (if previously married)

Advantages of Court Marriage

Legal Recognition: Provides legal recognition and protection to the marriage.

Simplicity: The process is straightforward and less elaborate compared to traditional religious weddings.

Proof of Marriage: The marriage certificate serves as an official document that is useful for various legal and administrative purposes.

Court marriage is a practical and legally sound option for couples looking to formalize their union without the complexities of traditional religious ceremonies.