Court marriage may seem a very complicated and tedious process but don’t worry we are here to help those in need.
Court marriages are solemnised under the Special Marriage Act, 1954. Court marriage can be performed between a male and a female irrespective of their caste, religion or creed it can even be performed with foreigner or an NRI (Non-Resident Indian). The procedure of the Court marriage does not follow the rituals and ceremonies of the traditional marriages so it does create some confusion. We have listed all details for performing court marriage in detail but if you still have any questions then feel free to comment.
What are preconditions for Court Marriage?
- Neither individual should be married prior to apply for court marriage if one is married then that marriage should not be valid at the moment of applying.
- Both individuals should be competent to give valid consent. The parties should be capable of speaking their mind and entering into marriage of their own will.
- The bridegroom should be at-least of twenty-one (21) years and bride should be of at-least eighteen (18) years of age.
- Both individuals should not be of unsoundness of mind of such a nature as to be unable to give valid consent for the marriage, or suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and procreation of children, or has been subject to recurrent attacks of insanity.
- The individuals should not fall within the degree of prohibited relationship unless their religious customs allow so.
Steps for Court Marriage
1. Notice of Intended Marriage
2. Publication of Notice
3. Objections to Marriage
4. Signing of Declaration
5. Place of Marriage
6. Certificate of Marriage
Notice/Application of intended marriage
To be married in court, the marriage officer of the district must first be informed of the intention of marriage. First A notice in writing is to be provided by individuals (who want to marry) to the marriage officer of the district in which at least one individual must have stayed for 30 days immediately before the date when the notice is served.
For example, if the male and female are in Jaipur, but wish to marry in Delhi. At least one of them must travel to Delhi 30 days before the intended date and stay in Delhi till the date of the marriage.
If you live in Delhi and want to marry in Delhi then you can ignore this and directly send a notice to marriage officer.
Publication of Notice
The marriage officer of the district publishes the notice of marriage. The notice is published at conspicuous place in the office and one copy in the office of the district where the other individual permanently resides, if any.
Objections to Marriage
Any person can raise objections to the marriage based on the things listed in Chapter II, Section 4 of the Act (you can find this online, it is a public document). If the objections have little to do with any of the factors mentioned in preconditions of marriage, then the objection will be of no consequence. However, in most cases, the marriage officer would need to examine the objection as to him an objection is raised.
The marriage officer must, within 30 days from the date of objection, make inquiries and if the objections are found to be true, the marriage cannot be solemnised.
But an appeal can be filled by either individual who is getting married as remedy for objection(s) to district court within 30 days from the date of refusal to solemnise marriage.
Signing of the Declaration
Both individuals and three witnesses (in the presence of the marriage officer) sign the declaration and so does the marriage officer.
Place of Marriage
Either the office of marriage officer or any other place within a reasonable distance can be the place of marriage.
Each individual in presence of marriage officer will have to say:
“I, _______, take thee, ________, to be my lawful wife/husband.”
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 individuals and three witnesses, such a certificate is conclusive evidence of the court marriage.
What documents are required for Court Marriage?
- Passport Size Photographs – four each of Marrying Persons.
- Residential Proof (Voter Card / Passport / Ration Card / Driving License / Bank Passbook / Lease Deed / Rent Deed) of Marrying Persons.
- Date of Birth Proof (Municipal Corporation Certificate, X th or XII th Examination Certificate, Passport, PAN Card) of Marrying Persons. If any party is divorcee Certified copy of Decree of Divorce granted by the Court. If any party is widow / widower Death Documents required for the Performance & Registration of court Marriage.
- 3 witnesses with ID & Address proof along with 2 passport size photographs.
If you wish to Court Marry comment your phone number we will contact you, or you can contact us at 7838909041 , 9953182348.