Difference Between Court Marriage and Marriage Registration?

This blog will make us understand the nuanced disparities between court marriage and marriage registration, shedding light on the legal aspects and considerations that influence couples' choices in formalising their unions.

Difference Between Court Marriage and Marriage Registration: You may wish to do a court marriage when you are in love with a person and want to marry him or her but your parents are against you. Do you know the legal procedure of a court marriage or registered marriage? What documents are required? In this write-up, we’ll be discussing everything associated with Difference Between Court Marriage and Marriage Registration

Difference Between Court Marriage and Marriage Registration

Below given are few difference between Court Marriage and Marriage Registration:

1. The first difference between Court Marriage and Marriage Registration lies in the fact that Court Marriage is performed in front of a judge or magistrate while Marriage Registration can be done by submitting documents at the Registrar’s office.
2. The second difference between Court Marriage and Marriage Registration is Court Marriage involves a legal ceremony that takes place in a court of law, while Marriage Registration can be completed through online or offline means.
3. The third difference between Court Marriage and Marriage Registration is Court Marriage is a legally binding agreement that requires witnesses and documentation, whereas Marriage Registration is simply registering the marriage with the government.
4. The procedure for Online Court Marriage is more extensive and formal than Marriage Registration, which can be completed within a few hours.
5. The parties must fulfill certain legal requirements and formalities in Court Marriage, whereas the registration of marriage is less formal.
6. Court Marriage requires the presence of two witnesses, whereas in Marriage Registration witnesses are not always necessary.
7. Court Marriage is a solemn and official procedure that is performed in the presence of a judge, whereas Marriage Registration is a simpler process.
8. In Court Marriage, the judge verifies the identity and eligibility of the parties, whereas in Marriage Registration the registrar only verifies the submitted documents.
9. The certificate of Court Marriage is issued immediately after the ceremony, while the certificate of Marriage Registration is issued within a few days of submitting the documents.
10. Court Marriage is usually opted for by couples who face family or societal opposition, whereas Marriage Registration is a popular choice for couples who wish to avoid elaborate ceremonies.

Is There Any Difference Between Court Marriage and Marriage Registration?

We have witnessed oftentimes that the couple thinks that both Court Marriage and Marriage Registration are no different. However, they aren’t similar here are the Court Marriage and Marriage Registration differences. Marriage happens in a couple of manners if it is done with no customs.

A court marriage is performed before the marriage official wherein 1 month period is granted and following this period, the marriage certificate is provided by the official.

Marriage performed with all the customs, following the submission of the application to the marriage registrar’s office, the evidence that the certificate is attained in marriage registration.

Court Marriage

Want to do a court marriage registration? If yes then you first need to apply under the Special Marriage Act in front of the marriage officer. Along with the application, you need to submit all the required documents and confirmations.

Once through with this, the police report associated with the permanent address of the bride and groom is glued on the Tehsil’s notice board and a copy of the same on the court’s notice board.

Also, the date is confirmed for the advance act for the filing of the request. Only then the certification is submitted by the official. A photograph with the marriage officer must also be clicked when issuing a marriage certificate.

Who Is Eligible For Court Marriage?

Numerous conditions are enforced by the Act for performing the Online Court Marriage. Below we have mentioned some of those:

• The couple should be above 18: While getting married, the age of both the bride and groom should be at least 18 and 21, respectively. The marriage will not be considered lawful if they do not comply with this eligibility requirement.
• The couple must be sound-mind: Nobody among the two parties should be furious; both must stay absolutely fine.
• Both the parties should be unmarried: In the case of court marriage, it is vital for both parties to be unmarried when getting married. Both the bride and groom must haven’t married previously. If they have, either of the spouses mustn’t be alive when getting married. If any of the spouses has passed away, it’ll be compulsory to provide the certification of death with the application.
• Both the parties must have a mutual consent: At the time of marriage, the bride and the groom must settle among themselves. Mutual consent must be at liberty with no pressure.

What are The Necessary Documents Needed For Court Marriage?

1. Birth certification of both the parties.
2. A duly filled and signed application form.
3. A couple of passport-sized pictures of the bride and groom.
4. Address proof of the bride and groom
5. Proof of fee payment concerning the District Court application form.
6. In case any of the parties have married in the past, then a divorce or death certification is needed.

Registered Marriage (Marriage Certificate)

You can come across many portals/sites to perform a registry marriage. Here, by submitting an application online, you can apply within your marriage registrar’s office and register for marriage before the registrar.

Every state follows a similar procedure to some extent. It is not mandatory to perform register marriage with the assistance of an attorney. You can apply on your own if you are familiar with the complete procedure.

The registered marriage procedure is not similar to the court marriage procedure. In the case of registered marriage, the initial marriage is performed as per the customs and traditions. Following this, both the spouses submit a registered marriage application online. To get registered, the two can apply within the office of the marriage registrar. A registered marriage is performed quickly as compared to a court marriage.

Places to apply for registered marriage:

1. The place where the couples have got married
2. Marriage registrar’s office nearby the bride’s house.
3. Marriage registrar’s office nearby the groom’s house.

What are the Documents Required to Apply for Registered Marriage?

1. Address proof of both the parties
2. ID proof like Aadhar, Driving License, and PAN card of the boy and girl.
3. Passport-sized pictures of the two.
4. An affidavit signed by both the parties
5. 10th board mark sheets of the boy and girl.
6. ID card, PAN card, and Driver’s license of the witnesses.
7. Wedding card.

Importance of a Marriage Certificate

A marriage registration certificate is nothing but an official document making sure that the holders get access to social security and many other benefits. It even authorizes the holders to open a joint account with their spouse. In case a condition of divorce or child custody takes place, then this document must be submitted to the court.

Various Marriage Acts

• Special Marriage Act of 1954

The Special Marriage Act of 1954 is applicable to every resident of India, no matter what religion or caste they belong to. A marriage can be registered or sanctified under this act.

• Hindu Marriage Act of 1955

The Hindu Marriage is applicable to every Hindu, Brahmin, Sikh, Aryasamaj, and Buddhist. This law does not apply to religions that don’t practice Hindu religious customs, for example, Christians, Muslims, Jews, Parsis, etc.

FAQs

1. Is court marriage considered a valid marriage?

Yes, court marriage is recognised as a legally valid union, providing couples with a lawful status.

2. Is registering a marriage a preferable option?

Registering a marriage is advisable for legal validity, facilitating documentation and official recognition.

3. Is court marriage a better choice for couples?

The preference between court marriage and other options depends on individual circumstances, legal considerations, and personal choices.

4. Is divorce permissible in court marriages?

Yes, couples in a court marriage have the legal provision to seek divorce if their relationship encounters irreconcilable issues, similar to other forms of marriage.

Summing Up

Court marriage process starts with a visit to a marriage registrar’s office in your respective area. To apply, you and your partner should submit a notice of planned marriage within the marriage registrar’s office along with the necessary documents. Whatever is written in this notice must be as per Schedule II of the Special Marriage Act.

There can be a lot of complications in the court marriage process that might take place if any question is raised. Also, some of us may find the postponement of the obligatory 1 month’s time troublesome. To make things a bit easier for you during the court marriage process, you can get in touch with the best experts at Vakilsearch. For many years, Vakilsearch has been offering superlative solutions to people. The clients appreciate the expert services that we offer at reasonable prices.

Also, Read:

• Guide to Register the Marriage in West Bengal
• What are the Benefits of Court Marriage?
• Procedure to apply for Court Marriage in Bangalore