court marriage

Court Marriage

In India, a court marriage means a marriage solemnised under the Special Marriage Act, 1954 (‘Act’). A couple belonging to any caste, religion or nationality can solemnise the court marriage in the presence of a marriage officer and three witnesses. The marriage officer is usually the Sub-Registrar appointed under the Act.Court Marriage is an economical and hassle-free alternative that lets couples from a different nationality, religion, and caste to solemnize and register their union through a simple procedure which is carried out in the presence of a marriage registrar and 3 witnesses.

court marriage

Introduction

A court marriage takes place as per the procedure laid down in the Act and is common across the nation. The marriage officer performs the marriage without discrimination based on caste, creed or religion. It is a marriage solemnised according to law. The bride and the bridegroom can directly submit a court marriage application to the marriage officer to get their marriage certificate. The court marriage can be registered in the office of the marriage officer in whose area/jurisdiction the bride or bridegroom resides.

Who Needs A Court Marriage?

Individuals looking to tie a knot under the Special Marriage Act can opt for court marriages to legalize their marriage in an economical and hassle-free manner.

Conditions for Court Marriage

The court marriage rules are provided under Section 4 of the Special Marriage Act. 

  • The parties have to meet the necessary conditions prescribed in the act before signing the Civil Marriage Contract.
  • There should not be Persisting valid marriage of either of the parties with any other person. The couples can proceed with the court marriage if the previous spouse is not living or the divorce has been obtained.
  • The parties must have given free consent for the court marriage, that is none of the party to the court marriage to be incompetent of giving valid consent due to unsound minds or any other factor.
  • The court marriage age for a bridegroom is 21 years, and for a bride is 18 years.
  • The parties to the marriage should not fall within the degree of prohibited relationship.

Documents Required for Court Marriage in India

  • Separate affidavits from the bride and bridegroom containing the following details:
    • Date of birth
    • Marital status – widower/unmarried/divorcee
    • Affirmation that the couple are not related to one another within the degree of prohibited relationship
  • Passport-size photos of the bride and bridegroom
  • Residential proof of the bride and bridegroom 
  • Proof of date of birth of the bride and bridegroom 
  • Copy of the notice of the intended marriage signed by the couple
  • Copy of divorce order, in the case of a divorcee and death certificate of a spouse, in case of a widower/widow

The documents required to be submitted by all the witnesses are as follows:

  • Passport size photo
  • Copy of PAN card
  • Copy of identity proof

Eligibility Criteria For Court Marriage

  1. Both the bride and groom do not have a living spouse.
  2. The bride and groom: are not incapable of giving valid consent to the marriage due to unsoundness of mind, are not suffering from a mental disorder of such a kind or extent that makes him/her unfit for marriage and childbearing, and have not been subject to recurrent attacks of insanity. 
  3. The bridegroom is 21 years old, and the bride is 18 years old.
  4. The bride and groom are not involved in an unlawful relationship.

Procedure for Court Marriage in India

Step 1-Notice of marriage

The parties (bride and the bridegroom) must give the court marriage application form, i.e. notice of the intended marriage, to the marriage officer. The notice of the intended marriage should be given as prescribed in the second schedule of the Act before 30 days of the intended marriage date. It should be given to the marriage officer in whose area either party to the marriage has continuously lived for 30 days or more.

Step 2-Publication of the notice

The marriage officer will publish the notice of the intended marriage submitted by the parties by affixing it in a conspicuous place in the office of the marriage officer. After it is published, any person can object to the marriage within 30 days of its publication. If there is no objection, the marriage officer will perform the marriage after the expiry of 30 days of the notice publication.

Step 3- Objection to marriage, if any

Anybody can object to the court marriage within 30 days of the publication of the notice of the intended marriage. A person can submit an objection for marriage to the marriage officer on the grounds that the marriage violates any conditions required for the court marriage. However, the objection to the marriage should be on a legal basis and not on a personal basis. The marriage officer must enquire about the objection within 30 days of the receipt of the objection. After enquiring about the objection, the marriage officer can solemnise the marriage when it does not violate any conditions for marriage.

Step 4- Declaration by parties and witnesses

When there is no objection to the marriage or the marriage officer dismisses the objection, the parties must appear before the marriage officer and submit a declaration. The parties to the marriage and three witnesses are required to submit the declaration as prescribed in the third schedule of the Act in the presence of the marriage officer. The marriage officer will also countersign the declaration. 

Step 5 – Place of marriage

The marriage can take place at the office of the marriage officer or another place within a reasonable distance which the parties choose. If the parties select another place to solemnise the marriage, they must pay the additional fees as prescribed. The marriage can be solemnised in any form the parties choose to adopt.

Step 6- Certificate of marriage

The marriage officer will give the marriage certificate after solemnising the marriage. Both the parties to the marriage and three witnesses must sign the marriage certificate. The marriage certificate is conclusive evidence of the marriage. The marriage officer will enter the details of the marriage in the marriage certificate book. 

Court Marriage Fee- The parties should pay the court marriage fee to the office of the marriage officer. The court marriage fee differs from state to state. Generally, court marriage fees range between Rs.500 to Rs.1,000.

Advantages Of Court Marriage

  • Legal recognition with rights and responsibilities.
  • Simplicity and efficiency.
  • Cost-effective.
  • Flexibility in scheduling.
  • Privacy and intimacy.
  • Minimal religious or cultural restrictions.
  • Lower social pressure.
  • Legal documentation with a marriage certificate.
  • Fewer formalities.
  • International recognition.
  • Simplified divorce process.

FAQs

Who can register for Court Marriage in Jaipur?

Indian citizens or one Indian and a foreigner, both above 18 (21 for men if applicable) can register for Court Marriage in Jaipur.

Is online Court Marriage registration possible in Jaipur?

While some states offer online forms, the process usually requires offline visits in Jaipur.