Court Marriage in India

What is Court Marriage?

In India, court marriage is solemnized either by the Marriage Act of 1954 or the Special Marriage Act. Under both these Acts, a court marriage process can be performed when a person marries someone of the opposite sex and the man is above 21 years and the woman is above 18 years of age.

The Hindu Marriage Act comes into force when both parties are Hindus. For inter-caste marriages, court marriage is conducted under the Special Marriage Act.

The parties can be of Indian or foreign descent. The court marriage rules include other conditions such as the parties should not be in an existing marriage with other persons and that they should be of sound mind.

A court marriage does away with rituals and ceremonies and is simple. The procedure of court marriage is performed by the Marriage Registrar and upon completion; the participants are given a court marriage certificate stating that their union is legal in the eyes of the law.

The court marriage is gaining popularity in India and many couples are opting for it these days. There are numerous reasons why court marriage rules are the preferred choices these days. One of the reasons for this is that couples want to keep their marriage economical and simple. Other reasons are because of an increase in the number of inter-caste marriages, or marriages without the blessings of the families. Whatever be the case, court marriage is not a simple affair. It involves a lot of procedures and the participants need to bear court marriage fees as well.

What are the steps involved in a court marriage in India?

Informing about the intended marriage

The first step of the procedure of court marriage is to inform the marriage officer of the district about your intention to marry. You have to do this by filling up the court marriage application form (as mentioned in Schedule II of the Act) that can also be downloaded from the internet. You have to submit the form 30 days before the date of the marriage to the officer of the district where either of the participants resides in.

Displaying the Notice

The marriage registrar of the district will display the notice at a prominent place at his office for 30 days. Within this period, anyone can object to the marriage if it is deemed illegal under the Act and the prescribed eligibility conditions. Section 7 of the Special Marriage Act says that any person having an objection to the marriage intended can raise so within 30 days from the publication of the notice.

On the receipt of any such objection, the marriage registrar checks the validity of the same. On being reasonably satisfied with the validity of the objection, the registrar can end the court marriage process then and therein. In this case, the parties may appeal to the concerned district court, against the order of the marriage registrar.

If there is no valid objection, the officer can proceed with the procedure of court marriage, as per the laid down court marriage rules.

Day of Marriage

The bride, groom, and three witnesses need 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 would state that the parties are proceeding with the court marriage, in their consent.

Court marriage certificate

Once all the formalities are completed, the marriage registrar inserts the details of the court marriage in the court marriage certificate. This is as per provisions mentioned in Schedule IV of the Special Marriage Act. The certificate will be issued within 15 to 30 days.

The entire court marriage process usually takes 30 to 60 days to complete.

What are the documents required for court marriage in India?

Just like with any legal procedure, one would need to furnish documents when applying for a court marriage. The following documents are required:

• The prescribed form, duly filled and signed by both the prospective groom and bride
• Receipt of the necessary court marriage fees.
• Two passport-sized photographs each.
• Date of Birth Proof (This could be your Voting or Pan Card, Municipal Corporation Certificate or pass certificate for 10th or 12th Examination)
• Residential address proof (PAN or Aadhar Card)
• In case either party is a divorcee or a widow, divorce decree/order or death certificate of the spouse is required, as the case may be.
• Affidavit

The affidavit must contain the following information related to the court marriage-

• Marital status of the parties
• Date of birth of the parties
• A statement confirming that the parties involved are not at all related to one another

Besides, the following court marriage documents of the witnesses are required for the solemnization of the marriage-

• Identity proof
• Residential address proof
• PAN card
• One passport-sized photograph each

What is the cost of a court marriage in India?

The court marriage fees for registration

The court marriage fees are different from one state to another. Every state is at liberty to frame its own court marriage rules and regulations. Accordingly, the court marriage fees structure also varies between states. Therefore, it is advisable to check the application fee and other fees related to the procedure of court marriage, before going ahead with the online application of a court marriage certificate.

In general, the court marriage fees for application are Rs.100 under the Hindu Marriage Act and Rs.150 under the Special Marriage Act. Apart from this, there are a few administrative and other charges you may have to incur.

The amount charged by court marriage lawyers

This would depend on the type of case. A straightforward case is cheaper. However, if the case is complicated, say a divorce case, the lawyers may charge you a bit more. In a complicated case, the lawyers may charge you for their legal opinion provided, in addition to their case appearance fees.

FAQs on Court Marriage in India

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