Court Marriage Documents List

Want to understand the court marriage procedure and be confused with the court marriage documents list? Don't Worry! Here is the article in which we will be guiding you with the documentation required for court marriage. Court marriage in India is governed by The Special Marriage Act of 1954. Court marriage may be solemnized among the two persons (belonging to identical or different nationalities) no matter their caste, religion, or race.

What is Court Marriage?

In India, court marriage is solemnized both under the Special Marriage Act and the Marriage Act of 1954. The Hindu Marriage Act applies to Hindus, Bodh, Jain, and Sikh religions. Muslims and Christians and even Hindus, Bodh, Jain, and Sikhs can register their marriage as a court marriage which comes under the Special Marriage Act. Further, we will take a look at the court marriage documents list.

Rules & Regulations of a Court Marriage in India:

There are rules and regulations required for court marriage in India. Have a look at these important steps.

• Both parties should be single. If they were married before then a divorce decree or death certificate is a must as the case may be.
• Free consent for the court marriage needs to be taken from each bride and groom.
• Both parties should fulfill the minimum age criteria to get a court marriage.

How Many witnesses are required for the Court Marriage?

Any adult person who is a family member or a relative or a colleague or friend can be a witness to a Court Marriage. Also, there should be 3 witnesses for the solemnization of the Court Marriage.

In the previous section, we discussed the rules and regulations of court marriage. Keep reading to know the court marriage documents list.

Court Marriage Fees

Court Marriage fees are varying from one state to another. Generally, Court Marriage fees are between Rs 500 to Rs 1000. But it's better to check the required court marriage fees from the nearest court where court marriage proceedings have to be done. Court marriage fee receipt has to be submitted along with the court marriage application form and other supporting documents required for Court Marriage. This is compulsory to initiate the process for Court Marriage registration.

Document required for Court Marriage:

Here is the court marriage documents list. You can check it here:

• Proof of address of Bride and Groom e.g Voter Id, Passport, Aadhaar card
• Application form filled and signed by bride and groom
• Proof of birth of both bride and groom like birth certificate, passport, matriculation certificate
• Receipt of application form fees paid to District Court
• Separate affidavits from groom and bride giving- date of birth, marital status (unmarried/widower/ divorcee).
• Affidavit that the bride and groom do not fall into the prohibited degree of relationship as prescribed in the Special Marriage Act.
• Passport-size photograph of each bride and groom
• Copy of divorce decree/order in case of a divorcee and death certificate of the partner in case of widow/widower

Documents required in case of foreigner:

In the case of a foreigner, there are more documents needed for court marriage. These are as follows:

• . A photocopy of passport and visa
• A certificate of NOC or marital status certificates from the concerned embassy
• One of the parties has to produce documentary proof that he/ she is living in India for 30 or more days (evidence of house or document from the involved SHO)

Time required for the Court Marriage process

Usually, the complete process of solemnization of a Court Marriage takes a minimum of 30 days. After serving the notice of intention to get married, a time of 30 days is given, for any kind of objection to the marriage. If there is any objection received during this period before the Marriage Officer, an inquiry duration of 30 days is allocated for the Marriage Officer. In case of no objection, the couple can do their marriage after 30 days.

Steps Of Court Marriage:

After knowing the court marriage documents list, now let us know the steps required for court marriage. Following are the steps for the court marriage:

Notice of marriage

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

To publish the notice

The Marriage Officer shall publish the notice by affixing it to some conspicuous place in his office after publishing the notice, there is a waiting period of 30 days for any kind of objection. If there is no objection, then the marriage officer can complete the marriage.

Objection to marriage

Under section 7, anyone can object to the court marriage within 30 days that the marriage would violate any conditions specified in section 4 of the act. but the objection should be on a legal basis, not on a personal basis. The Marriage Officer, under section 8, on receiving an objection would enquire into it within 30 days and solemnize the marriage if the objection does not impede the solemnization of the marriage.

Declaration by the parties and the Witnesses

Before the solemnization of the marriage, 3 witnesses are required in court marriage. A signature and declaration in the form specified in the Third Schedule, in the presence of the Marriage Officer by both the parties and three witnesses are required.

Certificate of marriage

After following all these steps, the marriage officer will give the marriage certificate. This certificate must be signed by both the parties and 3 witnesses. Such a certificate is conclusive evidence of the court marriage.

Steps Of Court Marriage:

In the above article, we have discussed the important points regarding court marriage like court marriage steps, rules and regulations, and court marriage documents list. Hope this article was helpful to you. To know more, contact Legal Air.