Legal AdviceMarriage

What Is Court Marriage and How to Obtain a Marriage Certificate ?

Court Marriage has certain rules to be followed, and the official process of obtaining a marriage certificate follows certain guidelines. If one wants to apply for a marriage certificate, then one needs to be aware of all the terms and conditions laid down per the Indian Marriage Act. Read to know more

Marriage is all about the union between two individuals. Although there are rituals, ceremonies, and methods of solemnization involved, there is also the legal part: if one wants to opt for court marriage and wants to apply for a marriage certificate, then there are certain rules to be followed. The marriage registrar takes an initiative to enter all the details in the marriage register when the marriage needs to be solemnized. The legislation of marriage is made possible under the Hindu Marriage Act and the Special Marriage Act in India. For the Hindu Marriage Act, one can receive the appointment within 15 days but for the Special Marriage Act, it can go up to around 60 days. 

As per the rules in India, court marriage can materialize under the Special Marriage Act of 1954. In the court, there can be one marriage officer and three witnesses who need to be present for the marriage to get solemnized. There is nothing as such that is related to discrimination based on caste, religion, and creed, and as per the Indian Marriage Act, the court marriage can also take place between a foreigner and an Indian resident. The court marriage fee varies from one state to another, and one needs to pay the fees accordingly. 

What are the Benefits of a Marriage Certificate?

There are multiple benefits that one gets if one goes to apply for a marriage certificate. Family and property-related disputes, criminal activities, legal hassles, etc. get reduced to a large extent if one has a proper marriage registration certificate. Given below are the benefits of having a marriage certificate in India:

  • It helps in getting passports, and visas and also for opening joint accounts in banks
  • It is the best and the most authentic and genuine paper related to the union of two persons
  • If one wants to get the benefits related to family law, then one needs to go through marriage registration by following court orders
  • In case the marriage between two individuals is not sustained, and there is a case of divorce, judicial separation, and alimony matters, then the marriage certificate can be of immense importance in these situations
  • Generally, if there is the presence of a marriage certificate by court, it stops spouses from leaving each other suddenly, and it also restricts bigamy and complications associated with polygamy
  • In the case of the future generations of a family, the  marriage certificate is of paramount importance. If the parents have a valid certificate, then the child born is also legal, and that child can later become the legal heir of their property. 

Procedure to Apply for a Marriage Certificate Online as well as Offline

There is a clear procedure that one needs to follow if one wants to apply for a marriage certificate in court, India. 

  • Section 4 of the Special Marriage Act lays down that both the bride and the groom must have reached marriageable age (21 for male/ 18 for female), and they must fulfill all the criteria needed to solemnize a marriage. In case the previous spouse has died, or a valid divorce has been obtained, then also, one can remarry under the provisions of the Special Marriage Act
  • As per the marriage act, there should be free consent for the court marriage, and the parties should not be of unsound minds or anything. Moreover, the rules also point out that there should not be any incestuous or prohibited relationship between the bride and the groom
  • First, the applicant goes through the official website of each state, which lays down the guide for marriage registration. Then the applicant should click on ‘click here to apply online. Then the details of the groom and bride are filled up. After this, the details of the marriage are furnished. The next step is to enter the details of the marriage officer. Then the completion of all other details for marriage registration is done
  • The final submission is done after uploading all the scanned documents for verification. Once the process gets done, the applicant receives the certified copy that the marriage registration is done. 

Nowadays, even before people go for the ritualistic process of solemnizing their marriage, they try to cement the bonding with the help of doing a marriage registration. There are more inter-caste marriages that are going on now, and people do not have to face any backlash or any kind of legal problem if there is a proper 30-day notice before the marriage is solemnized and if all the papers are fine. 

If there is any kind of objection to the marriage, then the marriage registrar goes through the application and checks the validity of the clauses raised. If there is no proper validation, then the court cannot take any step. 

What Documents are Required to Apply for a Marriage Certificate?

If an individual wants to apply for a marriage certificate, then the following documents need to be furnished: 

  • All the official documents are related to the bride and the groom. Marriage application form that the bride and the groom signs, fee receipt, age proof like the birth certificate or class X admit card, residential address proof like Aadhar card, voter identity card, ration card and driving license, affidavit, passport size photos and a copy of divorce papers if the divorce has been finalized. 
  • There are other witness documents that are required, and these include one passport size photograph, PAN card, driving license, and Aadhar card. 
  • There are also lists of documents that are required for foreign nationals. The valid passport and visa of the foreign applicant should be sufficient, there should be a document about the foreign national staying in India for thirty days. Along with that, the foreign national should also submit NOC or an official marital status certificate given by the foreign embassy or the Indian consulate by any foreign partner. 
  • There are certain attributes in the case of the affidavit. Date of birth documents, marital documents, a notice of intended marriage, etc. are some of the documents that are needed. 

Conclusion

With the advancement of technology, along with all the traditional means and modes of marriage registration, now people can also apply for registration online: https://services.india.gov.in/. The process is hassle-free and there is no waiting in the queue for this process. If you want to know more about court marriage, marriage registration, and the documents required, then you can check out Vakilsearch

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