Court Marriage Process in India

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

Eligibility for court marriage

• Firstly, couples shouldn't have lived as husband /wife at the time of marriage.
• The bride and groom should be at least 21 years of age.
• The parties shouldn't be of unsound mind.
• They should not be unable to provide valid consent at the time of marriage.
• Couples shouldn't suffer from any kind of insanity or mental disorder.
• Both parties shouldn't be within the degree of a prohibited relationship.

Document required for court marriage

Court Marriage is not a simple process you need a lot of documents and follow the registration procedure. Below, we will share with you detailed information about which documents are required for court marriage.

• The application form should be signed by couples.
• Evidence of date of birth of couples.
• Residential proof of both couples.
• Two passport-size photographs are needed of the bride and groom.
• Death certificate or divorce document if the parties are previously married.
• Receipt of fees paid concerning the application form in the District Court.
• Affirmation by the couples that they aren't related to each other within the degree of prohibited relationship defined in the Special Marriage Act.

Process of court marriage in India

Step 1-Notice of marriage

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

Step 2-To publish the notice

The Marriage Officer will publish the notice by affixing it to some conspicuous place in his office after publishing the notice. There is a waiting period of one month for any kind of objection. If there is no objection, then the marriage officer can complete the marriage procedure.

Step 3- Objection to marriage

Under section 7, if anyone can object to the court marriage within one month that the marriage would violate any conditions specified in section 4 of the act. But your objection should be based on a legal basis, not on a personal basis. The Marriage Officer, under section 8, on receiving an objection would enquire into it within one month and solemnize the marriage if the objection does not impede the solemnization of the marriage.

Step 4- declaration by the parties and the Witnesses

You want three witnesses for your marriage. A signature and declaration in the form specified in the 3rd Schedule, in the presence of the Marriage Officer by both the couples and three witnesses are needed.

Step 5- Certificate of marriage

After completing all these steps, the marriage officer will give the marriage certificate. This certificate must be signed by both the couples and three witnesses. Such a certificate is conclusive evidence of the court marriage. Here are some most important five steps that you should follow if you planned your court marriage.

Court marriage cost

The procedure 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 performed. Legal air shares with you full information about the process of court marriage in India. If you want to get more information then contact us at any time!