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Court Marriage - An Overview

A court marriage is a special form of marriage in India that is governed by the Special Marriage Act of 1954. It is a secular and legal form of marriage that is open to all Indian citizens, regardless of their religion, caste, or tribe. Court marriages are also open to foreign nationals who are residing in India.

Court Marriage Registration Documents Required

An affidavit from the couple is mandatory, detailing the marriage venue, date, marital status, and nationality.

  • Affidavit
  • Documents Establishing Identity and Nationality
  • Proof of Address
  • Passport-sized Photographs
  • Age Proof
  • Marriage Invitation (if applicable)
  • Details of Witnesses
  • Marriage Registration Form
  • Proof of Marital Status (if applicable)
  • Affirmation that Both Parties are Not Related
  • Conversion Affidavit (if applicable)
  • Court Fee Stamp

Process of Court Marriage Registration Online

Below given are the steps for Court Marriage Process

court marriage registration

Step 1: Provide a marriage notice

To begin with the court marriage process, the parties must send notice to the district's marriage officer. It requires the parties to the marriage to notify the marriage officer in writing and in the form stipulated in the second schedule of their intention to marry.

Step 2: Make sure to give a public notice

After posting the notice, the marriage officer must affix it to a prominent location in his office; there is a 30-day waiting period for any form of protest or objection. In case of no objection notified to the marriage register, the marriage can be conducted effectively.

Step 3: Opposition for Marriage

Section 7 of the legislation allows anybody to object to a judicial marriage if the marriage would breach any of the conditions listed in Section 4 of the Act. However, the objection should be based on legal grounds rather than a personal one. If an objection is received, the marriage officer must investigate it within 30 days and then conduct the marriage if the objection does not prevent the marriage from being solemnised.

Step 4: The parties' and Witnesses' Declaration

In a court marriage registration process, three witnesses are necessary before the marriage can be solemnised. Both the bride groom and the witnesses should adhere to the procedure given in the third schedule in the presence of the marriage officer.

Step 5: Court Marriage Certificate

The court marriage registration certificate will be issued after all of these stages have been completed.

Eligibility For Court Marriage Registration

To begin with, neither party should have lived as husband or wife at the time of the marriage.

  • The girl must be at least 18 years old
  • The husband must be at least 21 years old
  • The parties should not be in a state of insanity
  • Both parties should offer legitimate consent in the marriage
  • Both parties should not be in an illicit connection to any extent
  • Both parties should be mentally stable.

Benefits of Court Marriage Registration

Court marriage registration in India offers several benefits to couples, including:

Legal Recognition: Court marriages are legally recognized and provide the same legal rights and protections as traditional marriages. This includes rights to inheritance, property, and maintenance.

Simplified Process:: Court marriage registration is a relatively simple and straightforward process compared to traditional weddings. It typically involves filing an application, providing the necessary documents, and attending a brief ceremony at the office of the Marriage Officer.

Cost-Effective: Court marriages are generally more economical than traditional weddings, as they do not require elaborate ceremonies, rituals, or receptions.

Secular Nature:Court marriages are secular in nature and not tied to any particular religion or caste. This makes them an attractive option for couples from different faiths or those who do not adhere to any specific religious tradition.

Protection Against Bigamy:Court marriage registration helps prevent bigamy, as it creates a public record of the marriage and makes it difficult for either party to enter into another legal marriage.

Security for Spouses and Children: Court marriage registration provides legal security for both spouses and children. In case of divorce or separation, the registered marriage ensures that both spouses have rights to maintenance, property, and custody of children.

Easier Access to Benefits: Court marriage registration facilitates access to various government benefits and entitlements, such as passports, visas, family pensions, and social security schemes.

Evidence of Marriage: A court marriage certificate serves as strong and valid evidence of a legally recognized marriage in any court of law.

Empowerment of Women:Court marriage promotes gender equality and empowers women by providing them with legal protection and recognition as equal partners in a marriage.

Social Acceptance: Court marriages have gained increasing social acceptance in India, and they are no longer considered taboo or unconventional.

Court Marriage Registration Fees

As per the Hindu Marriage Act, the court marriage application form fee is ₹100, and under the Special Marriage Act, it is ₹150. The cost of a court marriage varies from state to state, and each person must look into the expenses of the specific location where the marriage will be solemnised.

Tatkal Court Marriage Registration Procedure and Fees

Tatkal court marriages are court marriages where the court marriage certificate is issued in a shorter time period than the usual time taken by courts.

  • For tatkal court marriage, you will have to pay ₹2100*/-
  • Firstly, login to the website of the district where you’re living in
  • Create an account with your aadhar or voter ID card
  • Fill all the required details and witnesses
  • Create affidavit
  • After the acceptance of the format by SDM, attach all the required documents
  • An appointment will be arranged for you
  • The SDM will verify the file
  • Your marriage certificate will be in your hands finally

Laws that Govern Court Marriages

In India, two primary laws govern court marriages: the Hindu Marriage Act 1955 and the Special Marriage Act 1954. These laws provide a legal framework for court marriages and establish the conditions and procedures for solemnizing such marriages.

Hindu Marriage Act, 1955: The Hindu Marriage Act of 1955 primarily governs marriages between individuals who profess the Hindu religion, including Sikhs, Jains, and Buddhists. It applies to all persons domiciled in India, regardless of their place of residence. The Act provides for the solemnization of court marriages between Hindus, along with other provisions related to monogamy, dissolution of marriage, and maintenance.

Special Marriage Act, 1954: The Special Marriage Act of 1954 extends the option of court marriages to individuals of all religions and castes. It is a more comprehensive law that encompasses marriages between individuals of different faiths or individuals who do not follow any particular religion. The Act outlines the conditions and procedures for solemnizing special marriages, including the requirement for notice, publication, and the presence of a Marriage Officer appointed under the Act.

Exceptions and Other Conditions for Court Marriage Registration

Age and Consent Rules

Prospective spouses must meet the age limit, with males being at least 21 years old and females 18 years. Both individuals must be mentally sound and capable of giving consent without any undue influence or fraud.

Limitations on Relationships

Marriage is generally disallowed between individuals within prohibited degrees of relationship. Exceptions exist if one of the individuals' customs permits such unions.

Pre-existing Marital Status

At the marriage time, neither party should have a living spouse. Marriages contravening this rule are considered void.

Notice Period and Witness Requirements

A 30-day notice period is mandatory to the marriage registrar. This period allows for potential objections. The marriage ceremony requires at least three witnesses.

Region-specific Requirements

To marry in Jammu & Kashmir, both parties must be Indian citizens. This rule prevents foreign nationals from marrying in this region.

Foreign Nationals' Requirements

Foreign nationals can marry under the Special Marriage Act, 1954, provided they meet certain conditions. These include living in India for a minimum of 30 days and presenting proof of residence. If they lack Indian residence proof, they can obtain it from the local police station. They also require a No Objection Certificate (NOC) from their home country's embassy in India and a valid passport and visa.

Complications involved in a Court Marriage Registration Online

  • The date of the court marriage is determined by the registrar, and personal attendance is necessary for the formalisation of the marriage
  • Even in urgent circumstances, an early date cannot be secured. It must be no less than 30 days post the notice issuance, assuming there are no objections
  • If an objection is lodged, the court marriage procedure might be postponed until the objection has been addressed
  • Despite the provision for online applications, the presence of the couple before the registrar is essential for marriage solemnization
  • The couple is required to submit a marriage notice in the jurisdiction where they've resided for a minimum of 30 days
  • They cannot choose to marry in a different jurisdiction.

Uniformity of Court Marriage Procedure

The Special Marriage Act applies to people of all faiths equally. Thus, the court marriage process is the same for everyone, regardless of their religion.

Who Needs a Court Marriage Registration?

Court marriage is suitable for various individuals in different situations, including:

  • Interfaith or inter-caste couples who want to marry without facing societal or religious barriers
  • Couples who prefer a non-religious or civil ceremony
  • Those facing opposition from families or communities regarding their marriage
  • Individuals seeking a quick and streamlined marriage process
  • Couples who value the legal recognition and protection that comes with a court marriage.

Why Vakilsearch for Online Court Marriage?

Vakilsearch provides a complete service when it comes to registering your court marriage. We have the best team of marriage lawyers who can provide you with all the required insights and help you with the paperwork. Initially, you should provide the required documents. Our experts will file the registration process on your behalf. Online court marriage and the procedure following it can also be discussed with our legal experts.

Vakilsearch has a team of experts who are highly reliable and help you track the progress online on our platforms all the time. We have the best customer score and an experienced legal advisors team who is ready to assist you throughout the court marriage registration process.

Court Marriage Registration FAQs

To file for court marriage in India, you need to visit the marriage registration office in your district, submit the required documents, and complete the formalities. Both parties must be present along with witnesses.
The cost of court marriage varies by state and jurisdiction. Generally, it involves nominal fees for application and registration.
In many cases, court marriages can be completed in a single day, provided all necessary documents are in order and there are no complications.
Tatkal court marriage is a fast-track process that expedites the court marriage procedure. It is available in some states for urgent cases.
Yes, court marriage is open to individuals from all religions, including Hindus.
Court marriage and registry marriage are often used interchangeably. Both terms refer to the legal process of getting married through the court's marriage registration system.
While an Aadhaar card is an important document, you will likely need additional documents such as age and identity proof, address proof, photographs, and other relevant certificates.
The minimum time required can vary by state and jurisdiction. It typically involves submitting documents and fulfilling legal requirements, which can take a few days to a few weeks.
Parental consent may be required if either party is below the legal marriageable age. However, if both parties are of legal age, parental consent may not be necessary.
As of my last knowledge update in September 2021, court marriage is typically an in-person process. Online procedures may vary by jurisdiction.
Yes, court marriage is legally recognised in India and is a valid form of marriage.
Yes, court marriage can often be completed in a single day if all required documents and formalities are in order.
Yes, court marriage can be cancelled before it is registered. However, cancellation procedures may vary by jurisdiction.
The terms ‘marriage registration’ and ‘court marriage’ are distinct and have entirely different meanings. Marriage registration denotes a state where both parties/couples are already wed and desire to register their marriage in order to make it official in the eyes of the law. Contrarily, court marriages really occur in front of the Marriage Registrar and do not require the couple to provide proof of their marriage's legitimacy.
The Indian judicial system has given couples the go-ahead to be married and register their unions online. Any Indian person, regardless of religion, caste, or creed, may register their marriage online or offline as convenient under the Special Marriage Act of 1954.
Yes, It is a more cost-effective and straightforward procedure. It helps you avoid the high costs of wedding customs and ceremonies. The bride and groom have the choice of solemnising their marriage in any way they see fit. It assures that both parties are in agreement.
Court weddings are far more intimate. Only a few members are required in the courtroom, plus the charges are also very less when compared to other processes.
To apply for marriage, go to any sub divisional magistrate's office; the offline application procedure can begin there, and the registration process can be completed online through Vakilsearch as well.
The word ‘court marriage’ refers to the legalisation of marriage. Every marriage in India must be legalised. To be more exact, according to the Special Marriage Act of 1954, court marriage refers to the legal approval of a marriage between two people of different religions.
Two marriages are not permitted under the Hindu marriage Act. However, in response to your question, both marriages are legal. Illegality is determined by the order in which they occur.
A courthouse wedding is a non-religious ceremony that legally marries you and your partner. Courthouse weddings, unlike religious ceremonies, are presided over by a legal official, such as a judge or court clerk.

Recent Updates

Bombay High Court of Goa Invalidated the Marriage Registration

19 December 2022: The Goa branch of the Bombay High Court invalidated the marriage registration of a couple from Goa by using a divorce decree issued by the Family Court located at the Court and Tribunal Service Centre in England. This decision was made by granting a petition under Article 1101 of the Portuguese Code of Civil Procedure, 1939.

Online Marriage Registration in Dhanbad

06 August: Dhanbad Municipal Corporation has launched the online facility of marriage registration. The court marriage certificate will be delivered online. No fee will be charged from people living below the poverty line.

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