In these situations, one has the option of having the marriage solemnised under the Special Marriage Act, 1954 and get married in the Court. The marriage so solemnised would be legally valid and will not fall under any personal law. Thus, a hindu and muslim couple could marry within the Court and such marriage would be legally binding. A court marriage could also be the answer in case you do not wish to go through week long customary practices, unnecessary pomp and show, and married in a simple ceremony. 

Conditions necessary for Court Marriage

Court marriage of the couple would be solemnised by the marriage after confirming that  following conditions provided under the Act of 1954 have been fulfilled-

• The male and female applying for court marriage must not be married when applying for court marriage, 
• The bride and the groom-  

1. Could provide valid consent to the marriage and are of sound mind
2. Even though are able to offer valid consent, neither of the parties must be suffering from mental disorder of the kind or to such extent where they become unfit for marriage or procreation of children
3. Are suffering from recurrent attacks of insanity 

• The minimum age to marry for groom is 21 years and for bride is 18 years
• The bride and the groom must not fall within degrees of prohibited relationship 

Documents Required to be Submitted for Court Marriage in India

The documents which must be submitted along with the application form have been mentioned here under-

• Application Form for Court Marriage duly filled and signed by the parties to the Court Marriage.
• A copy of the receipt of fees paid for the application form.
• Separate affidavits are required to be submitted from both the groom and the bride with following details included-

1. Date of birth
2. Marital status – i.e. if they are unmarried, widowed or divorced
3. Affirmation from the  couple that they do not fall with within the degrees of prohibited relationship

• Photos- passport sized- of bride and groom
• Evidence proving residential address of the parties
• Evidence proving date of birth of each party  
• A copy of the divorce order from the respective Court, if either of the parties to the court marriage is a divorcee; or copy of the death certificate of the previous spouse in case either of the party is a widow/er
• The necessary documents which must be submitted by the witnesses are- 

1. Photos- passport sized
2. A copy of PAN card
3. A copy of evidence proving their identity 

Procedure for Court Marriages in India

1. Notice of Court Marriage

The parties to the marriage i.e. the bride and the bridegroom, would have to submit an application form for court marriage to the marriage officer, under whose jurisdiction either of the parties have been living for a minimum period of 30 days continuously. The said notice must be filed in accordance to Second Schedule of the Act.

2. Publication 

The notice for court marriage as mentioned above would then be published by the marriage officer by having it affixed it in a conspicuous part of his office from where the notice is visible to common public. A period of 30 days would be allowed since the publication of the notice, in order to file any objection against the said union. The objection against the marriage could be raised by any one, however such objection must be raised on the grounds provided in the Act and not on a personal basis. In case no objection has been raised or the objection raised was found to be invalid, the marriage officer shall provide a date on which court marriage could take place. 

3. Objection to the Court Marriage

As mentioned above, in case an objection has been raised against the notice for court marriage, the marriage officer will have a period of 30 days from the date such objection was raised to enquire about the validity of the claims in the objection. In case, the objection so raised is found to be valid, the application for court marriage would be cancelled. Appeal against such cancellation could be raised in the respective district court.  

To further understand the process or seek free legal advice online, you may contact us at Sharks of Law.  

4. Declaration by parties and witnesses

If objection to the marriage has been raised or the objection raised was dismissed by the marriage officer, or the marriage officer dismisses the objection, the couple would have to appear before the marriage officer and submit the declaration for marriage as provided under Third Schedule of the Act. The witnesses must also be present on the occasion and sign the declaration with marriage officer counter-signing it.

5. Place of marriage

Court Marriage could also be solemnised at a place, apart from the office of the Marriage Officer, which is within a reasonable distance as chosen by the parties. Additional fees would have to be paid in case the parties wish to sign the declaration at a place of their choice. 

• Certificate of marriage

Marriage certificate would be issued by the marriage officer after the marriage ahs been solemnised. The bride and the groom, three witnesses must sign the marriage certificate.  The marriage certificate so issued shall be a conclusive proof of the marriage. The details of the marriage will also be entered in the Marriage Certificate Book by the marriage officer. 

• Fees for Court Marriage

The fees for court marriage would have to be paid to the office of the Marriage Officer. It may vary from state to state, in most cases the fees for court marriage may range from Rs. 500 to Rs.1000.

If Court Marriage could be done in a day ?

As could be deduced from the above discussion, it is not possible to submit the application for marriage one day as well as  receiving the court marriage certificate on the same day. 

However, if the documents have been submitted without any mistake and the procedure for the saame completed without any unnecessary delay, one would merely have to be present in the court premises to sign the declaration without going through any other formality. 

It is, therefore advised to appoint an experienced court marriage lawyer from Sharks of Law who could submit necessary documents to the marriage officer on your behalf as well  as take care of other details, so that you won’t have to come to the court for every small detail.  

Are There Any Advantages of Court Marriage ?

• Court marriages are solemnised through a very simple procedure.
• Vast expenses for traditional wedding and other ceremonies could be saved for better future.
• The marriage could be solemnised by the parties later with any tradition they wish to follow.
• The consent of both the bride and the groom would be ensured. 
• Also, at the end of the Court Marriage, marriage would be registered itself and no separate legal procedure is required to be followed to have one’s marriage registered. For example, even if one gets married in the Arya Samaj Temple, the couple would have to have their marriage registered later on as the Arya Samaj Marriage Certificate shall not be considered a legal document for various reasons.   

Summing up, court marriages are solemnised in the presence of the marriage officer. It shall be legally binding on both the bride and the groom. The marriage certificate which is issued after the completion of the process of the court marriage is a conclusive proof of marriage.

To seek legal counsel or assistance for court marriage, you may contact us at Sharks of Law.

Frequently Asked Questions

1. How much time would the procedure for court marriage take ?

The total process of court marriage since filing the application form for court marriage could take from 30-60 days. 

2. How many witnesses would be needed for court marriage ?

Court marriage would be solemnised in the presence of Marriage Officer and Three Witnesses

3. Is it necessary for the parents to be present during Court Marriage ?

No, it is not necessary for the parents to be present during the court marriage. As the parties to the marriage should be consenting and adult, mere witnesses would be required. 

4. If court marriage could be performed anywhere in India ?

Yes, as per the provisions of Special Marriage Act, only one of the parties could be staying in the area, for a period of 30 days, which falls under the jurisdiction of the marriage officer.

5. What are prohibited relationships as mentioned for Court Marriage ?

   Two individuals would fall within the degrees of prohibited relationship, if one of them is the lineal ascendant of the other.