Court marriages in India are a popular choice for couples seeking a legally recognized union without the elaborate rituals of traditional ceremonies. The process is straightforward and is governed by the Special Marriage Act, 1954. This guide provides a detailed overview of the court marriage procedure in India.

1. Understanding the Special Marriage Act, 1954

The Special Marriage Act, 1954, provides a special form of marriage for people of India and all Indian nationals in foreign countries, irrespective of the religion or faith followed by either party. This law is applicable when both parties belong to different religions or wish to have a civil ceremony.

2. Eligibility Criteria for Court Marriage

Before initiating the court marriage process, ensure that you meet the following eligibility criteria:

• Age: The groom must be at least 21 years old, and the bride must be at least 18 years old.
• Marital Status: Both parties should be unmarried, divorced, or widowed. If previously married, they must provide proof of divorce or death certificate of the previous spouse.
• Sound Mind: Both parties should be of sound mind and capable of giving valid consent.
• Prohibited Relationships: The parties should not be within the degrees of prohibited relationship as per the law unless the customs governing at least one of the parties permit such a marriage.

3. Notice of Intended Marriage

The first step in the court marriage process is to give notice of the intended marriage:

• Submission of Notice: Both parties need to fill out and submit a notice of the intended marriage to the Marriage Registrar of the district where at least one of the parties has resided for at least 30 days immediately preceding the date of notice.
• Display of Notice: The notice is then displayed on the notice board of the Marriage Registrar’s office for 30 days to invite objections, if any.

4. Objections to the Marriage

During the 30-day notice period, any person can object to the marriage if they believe it violates any conditions specified under the Special Marriage Act:

• Objection Handling: If an objection is raised, the Marriage Registrar will investigate the objection within 30 days.
• Proceeding with Marriage: If the objection is deemed invalid or no objection is raised within the 30-day period, the marriage can proceed.

5. Declaration and Signing

After the 30-day notice period, the couple must appear before the Marriage Registrar, along with three witnesses, to sign a declaration:

• Declaration: The declaration affirms that the parties are entering into the marriage freely and without coercion.
• Witnesses: Three witnesses must also sign the declaration to validate the marriage.

6. Marriage Certificate

Once the declaration is signed, the Marriage Registrar will issue the marriage certificate:

• Official Recognition: The marriage certificate is proof of the legal marriage under the Special Marriage Act, 1954.
• Distribution: The couple and witnesses will receive copies of the marriage certificate.

7. Documents Required for Court Marriage

Ensure you have the following documents ready for the court marriage process:

• Application Form: Duly filled and signed application form.
• Age Proof: Birth certificate, school leaving certificate, or passport.
• Address Proof: Aadhar card, voter ID, or utility bill.
• Photographs: Passport-sized photographs of both parties.
• Witnesses’ Proof: Address and identity proof of three witnesses.
• Additional Documents: If applicable, a divorce decree or death certificate of the previous spouse.

8. Key Points to Remember

• Advance Planning: Plan ahead to ensure all documents are in order and the notice period is completed without issues.
• Legal Assistance: Consider seeking legal assistance to navigate any complexities in the court marriage process.
• Follow-Up: Follow up with the Marriage Registrar’s office to ensure there are no delays in the issuance of the marriage certificate.

Conclusion

Court marriages provide a simple and legally recognized way for couples to formalize their union in India. By understanding and following the prescribed procedure under the Special Marriage Act, 1954, couples can ensure a smooth and hassle-free marriage process. If you have any questions or need assistance with your court marriage, Wedwise Counsel is here to help. Contact us for expert guidance and support.