Difference between Court Marriage and Marriage Registration in India

Last Updated at: February 17, 2020
31967
court marriage and marriage registration
2020 news update:

The Delhi High Court will hear a plea seeking a common minimum age of marriage for men and women on February 19, 2020. Meanwhile, the court had asked the Central government and Law Commission of India to file their responses to the PIL filed by advocate Ashwini Upadhyay in October 2019.

What is a Court Marriage?

Court marriages are very different from the traditional marriages which generally take place in between all the family members and relatives by following all the rituals. Court marriages generally take place in the presence of a marriage officer. In court marriage, any two persons who are eligible can marry each other in the presence of three witnesses. There is no need for any rituals to solemnize the marriage. Presence of a marriage officer and three witnesses is enough. The main important thing in court marriage is that it should satisfy the rules and regulations of the special marriage act, 1954.

Any individuals of different genders irrespective of their caste and religion can get marry each other through the court marriage. It is not even mandatory that both the individuals must be of Indian nationals. There can be one Indian national and one Foreign national also.

get to know more on Court Marriage

Marriage Registration

Marriage registration certificate is an official testimony which states that two people are married. In India, Marriages can be registered under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. For both the types of marriages, a marriage registration certificate is the legal testimony that a couple is married. In 2006, the Supreme Court made it compulsory to register the marriage for preserving the women’s rights. Hence, gaining a marriage registration certificate after marriage can have many benefits.

Marriage registration certificate is a vital document while applying for a passport or opening a new bank account with a new surname after the marriage. Also, in case the visa processing or foreign travel, many embassies demand a copy of the marriage registration certificate. Hence, a marriage registration certificate is mandatory as many couples move to abroad after marriage.

Get to know more on how to apply online for Marriage Registration in Delhi. To apply a marriage certificate online in Delhi, click to visit the official Government website.

Online Marriage Registration

Rules and Regulations of a Court Marriage in India:

1) There should be no pre-existing marriage for any of the party. The only exception is, the previous spouse is not alive or divorce has been obtained from them.

2)  Free consent for the court marriage should be given by both the parties. Consent should not be taken when the person is insane, unsound mind etc.

3)  Both the parties should have eligible age to get a court marriage.  The boy should be 21 years old and the girl should be 18 years old.

4)  Both the parties to the court marriage should not be related to each other under the forbidden degrees of marriage. Marriage is solemnized only if one of the parties customs allows it.

Rules and Regulations of Marriage registration in India

1)   Neither of the party should have a spouse living at the time of the wedding.

2)   Neither of the party should give valid consent due to unsoundness of mind.

3)   Though both the parties are capable of giving a valid consent, neither of them should be suffering from any kind of mental disorder.

4)   Neither of them should be subjected to recurrent attacks of epilepsy or insanity.

5)   The bride should be 18 years old and the groom should be 21 years old at the time of marriage.

6)   The parties are not within the notches of prohibited relationship unless the custom or tradition governing each of them permits of a wedding between the two.

7)   The parties are not a lineal dominant of the other (sapindas), unless the custom or tradition prevailing permits of a marriage between the two.

Documents required for the court marriage:

1)   Application form duly signed by both bride and groom.

2)   Date of birth proof of both bride and groom.

3)   Residential address proof.

4)   Receipt of fees paid along with the application form.

5)   2 passport size photographs of both bride and groom.

6)   Copy of divorce decree or order in the case of a divorcee and death certificate of spouse in case of a widow or widower.

7)   Affidavit one each from both bride and groom. The affidavit about the court marriage must consist of the following court marriage information-

(i) Date of birth

(ii) Marital Status (unmarried, divorced or widowed)

(iii) A statement confirming that both the parties are not related to each other under any kind of prohibited degree of relationships.

Documents Required for Marriage Registration:

Marriage Proof     

Wedding Invitation or temple marriage receipts or any proof of marriage solemnization.

Identity & Address Proof

Employee ID card or ration card or driving license or visa or passport

Age Proof   

Birth certificate or school or college certificate or visa or passport.

To download your marriage certification online, you can click the TNREGINET official website of Tamil Nadu.

Difference between Court Marriage and Marriage Registration in India

31967
2020 news update:

The Delhi High Court will hear a plea seeking a common minimum age of marriage for men and women on February 19, 2020. Meanwhile, the court had asked the Central government and Law Commission of India to file their responses to the PIL filed by advocate Ashwini Upadhyay in October 2019.

What is a Court Marriage?

Court marriages are very different from the traditional marriages which generally take place in between all the family members and relatives by following all the rituals. Court marriages generally take place in the presence of a marriage officer. In court marriage, any two persons who are eligible can marry each other in the presence of three witnesses. There is no need for any rituals to solemnize the marriage. Presence of a marriage officer and three witnesses is enough. The main important thing in court marriage is that it should satisfy the rules and regulations of the special marriage act, 1954.

Any individuals of different genders irrespective of their caste and religion can get marry each other through the court marriage. It is not even mandatory that both the individuals must be of Indian nationals. There can be one Indian national and one Foreign national also.

get to know more on Court Marriage

Marriage Registration

Marriage registration certificate is an official testimony which states that two people are married. In India, Marriages can be registered under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. For both the types of marriages, a marriage registration certificate is the legal testimony that a couple is married. In 2006, the Supreme Court made it compulsory to register the marriage for preserving the women’s rights. Hence, gaining a marriage registration certificate after marriage can have many benefits.

Marriage registration certificate is a vital document while applying for a passport or opening a new bank account with a new surname after the marriage. Also, in case the visa processing or foreign travel, many embassies demand a copy of the marriage registration certificate. Hence, a marriage registration certificate is mandatory as many couples move to abroad after marriage.

Get to know more on how to apply online for Marriage Registration in Delhi. To apply a marriage certificate online in Delhi, click to visit the official Government website.

Online Marriage Registration

Rules and Regulations of a Court Marriage in India:

1) There should be no pre-existing marriage for any of the party. The only exception is, the previous spouse is not alive or divorce has been obtained from them.

2)  Free consent for the court marriage should be given by both the parties. Consent should not be taken when the person is insane, unsound mind etc.

3)  Both the parties should have eligible age to get a court marriage.  The boy should be 21 years old and the girl should be 18 years old.

4)  Both the parties to the court marriage should not be related to each other under the forbidden degrees of marriage. Marriage is solemnized only if one of the parties customs allows it.

Rules and Regulations of Marriage registration in India

1)   Neither of the party should have a spouse living at the time of the wedding.

2)   Neither of the party should give valid consent due to unsoundness of mind.

3)   Though both the parties are capable of giving a valid consent, neither of them should be suffering from any kind of mental disorder.

4)   Neither of them should be subjected to recurrent attacks of epilepsy or insanity.

5)   The bride should be 18 years old and the groom should be 21 years old at the time of marriage.

6)   The parties are not within the notches of prohibited relationship unless the custom or tradition governing each of them permits of a wedding between the two.

7)   The parties are not a lineal dominant of the other (sapindas), unless the custom or tradition prevailing permits of a marriage between the two.

Documents required for the court marriage:

1)   Application form duly signed by both bride and groom.

2)   Date of birth proof of both bride and groom.

3)   Residential address proof.

4)   Receipt of fees paid along with the application form.

5)   2 passport size photographs of both bride and groom.

6)   Copy of divorce decree or order in the case of a divorcee and death certificate of spouse in case of a widow or widower.

7)   Affidavit one each from both bride and groom. The affidavit about the court marriage must consist of the following court marriage information-

(i) Date of birth

(ii) Marital Status (unmarried, divorced or widowed)

(iii) A statement confirming that both the parties are not related to each other under any kind of prohibited degree of relationships.

Documents Required for Marriage Registration:

Marriage Proof     

Wedding Invitation or temple marriage receipts or any proof of marriage solemnization.

Identity & Address Proof

Employee ID card or ration card or driving license or visa or passport

Age Proof   

Birth certificate or school or college certificate or visa or passport.

To download your marriage certification online, you can click the TNREGINET official website of Tamil Nadu.

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