COURT MARRIAGE
In India, a court marriage is solemnized either by the Marriage Act of 1954 or the Special Marriage Act. Under both these Acts, a court marriage can be conducted when an individual marries someone of the opposite sex. The man must be over 21 years of age and the woman above 18 years of age. The Hindu Marriage Act will come into force when both individuals are Hindus. For inter-caste marriages, a court marriage is conducted under the Special Marriage Act. Both the individuals may be of Indian or foreign descent. The court marriage rules state conditions such as mentioned below:
- Both parties must not be in an existing marriage with other persons
- Both parties should be of sound mind
A court marriage is done without any rituals or ceremonies. The procedure of court marriage is conducted by the Marriage Registrar. Upon completion, the individuals are given a court marriage certificate, which states that their union is legal henceforth.
Court marriages are gaining popularity in India. A court marriage is the preferred choice these days due to the below mentioned reasons:
- Couples want to keep their marriage simple and economical
- Inter-caste marriages are very popular these days. Such marriages usually don’t have the blessings of the concerned families, hence the couple opts for a court marriage
A court marriage though is not a simple affair. It involves a lot of procedures and the participants have to pay the court marriage fees as well.
STEPS INVOLVED IN A COURT MARRIAGE IN INDIA
- The first step for an individual is to inform the marriage officer of his or her district about their intention to marry. The individual has to fill up the court marriage application form (as mentioned in Schedule II of the Act). This form can be downloaded from the internet. The individual then has to submit the form 30 days before the date of his or marriage to the officer of the district. This place could be where either of the concerned parties reside
- The marriage registrar of the district displays this notice at a prominent place at his office for 30 days. Within this period, any individual may object to the intended marriage if it is deemed illegal under the Act and the prescribed eligibility conditions. Section 7 of the Special Marriage Act states that any person having an objection to the intended marriage, must raise their objection within 30 days from the publication of the notice
- On the receipt of any such objection, the marriage registrar will check the validity of the objection. If the marriage registrar is satisfied about the validity of this objection, they can end the court marriage process immediately. In such a case, the marrying couple can appeal to the concerned district court, against the order of the marriage registrar.
- If there is no valid objection, the marriage registrar will proceed with the procedure of court marriage, as per the Court Marriage rules.
- The bride, groom, and three witnesses have to sign a declaration form in the presence of the marriage registrar/or at a location that is reasonably close to the registrar’s office (as per Section 12 of the Special Marriage Act). The declaration states that the parties are proceeding with the court marriage with the consent of the signing parties
- Once the court marriage formalities are completed, the marriage registrar notes down the details in the marriage certificate. This is as per provisions mentioned in Schedule IV of the Special Marriage Act. The marriage certificate is issued within 15 to 30 days
- The entire court marriage process usually takes 30 to 60 days to complete
DOCUMENTS REQUIRED FOR COURT MARRIAGE IN INDIA
- The prescribed marriage form, duly filled and signed by both the prospective groom and bride
- The receipt of the necessary court marriage fees
- Two passport-sized photographs each of the spouse and groom
- The Date of Birth Proof such as Voting or Pan Card/Municipal Corporation Certificate/Pass certificate for 10th or 12th Examination
- The residential address proof such as PAN or Aadhar Card
- If either party is a divorcee or a widow, the divorce decree/or death certificate of the spouse is required, as the case may be
- A signed affidavit that states the marital status of both the parties, the date of birth of the parties, and a statement confirming that the parties involved are not related to one another
DOCUMENTS OF THE WITNESSES REQUIRED FOR SOLEMNIZATION OF THE MARRIAGE
- The Identity proof of the witnesses
- The Residential address proof of the witnesses
- The PAN card of the witnesses
- One passport-sized photograph each of the witnesses
COST OF A COURT MARRIAGE IN INDIA
The court marriage fees differ from one state to another. Every state is at liberty to frame its own court marriage rules and regulations Therefore, the individuals must check the application fee and other fees related to the procedure of court marriage, before they go ahead with the online application of a court marriage certificate. Usually, the court marriage fees for application are INR 100 under the Hindu Marriage Act and INR 150 under the Special Marriage Act. Apart from this, there are a few administrative and other charges an individual may have to incur such as the amount charged by the court marriage lawyers. The lawyer’s fees would depend on the type of case. A straightforward case will be cheaper. However, if the case is complicated, like a divorce case, the lawyers may charge an individual more money.
FAQS ON COURT MARRIAGE IN INDIA
CAN A COUPLE GET MARRIED ONLINE?
A couple cannot get married online. They have to visit the marriage registrar’s office. However, all the marriage registration are available forms online. The couple can fill them up and submit that to the marriage registrar.
HOW MANY WITNESSES ARE NEEDED FOR A COURT MARRIAGE?
Three witnesses are required for a court marriage.
CAN SOMEONE OBJECT TO A COURT MARRIAGE?
The marriage registrar gives a period of 30 days for anyone to object. However, the reasons to object must be logical and valid under Chapter II, Section 4 of the Marriage Act.
DOES A COUPLE NEED A COPY OF THE MARRIAGE CERTIFICATE?
A couple needs a signed copy of the marriage certificate to prove they are legally married. It is the conclusive evidence of the Court Marriage.
CAN AN INDIAN MARRY A FOREIGN NATIONAL THROUGH A COURT MARRIAGE?
If the partners are of the opposite sex and of legal age, they are allowed to marry anyone of their choosing. However, the procedures are a bit different. Our team of lawyers at ACE ALLIANCE will be happy to explain the process and formalities needed to marry a foreign national.
ARE PARENTS INFORMED OF THE DECISION TO MARRY?
The marriage notice is not sent to the residence of the bride or groom. The marriage notice is placed at the Registrar’s office for 30 days.