A Court Marriage is solemnized under the Special Marriages Act, 1954.
Court Marriage procedure does not require any religious activities and partners
irrespective of their religion wanting to get married. It takes 35-45 day.There
are however the following conditions require
for court marriages through the Special Marriage Act 1954:
1. Male and female should have completed the age of 21 and 18 years at the time of marriage.
2. Both the parties should be of prudent, capable of giving valid sanction, fit for marriage and beget of a child.
3. Both party should be single at the time of marriage.
4. Parties are not within the degrees of prohibited relationship – Provided that where a custom governing at least one of the
parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees
of prohibited relationship. (Degrees of Prohibited Relations has been defined in Section 2(b) of the above mentioned Act).
There are basically three steps for a Court Marriage.
Step I: Filing of application form and preparation of required documents
First You need to locate the Marriage Officer's office in whose jurisdiction your application will be accepted - this is
based upon your domicile(residential proof). After that, you need to fill application forms, prepare required affidavits
and collect required documents. Exact documentation required to be submitted be unlike depending on jurisdiction
and individual case by case basis. Basically, the following documents are essential:
1. Documentary evidence of date of birth of both the parties: Matriculation Certificate / Birth Certificate / Passport (depending on your jurisdiction).
2. Residential proof of both the parties: Election ID card / Ration card / Passport and Driving License (depending on your jurisdiction).
3. Passport size photographs of both husband and wife (3 copies each)
4. Separate affidavits from husband and wife on non-judicial stamp paper duly attested by Oath Commissioner or Notary Public
5. Self attested photo copies of PAN card and Voter ID/Driving License/ Ration Card/ Passport of 3 (three) witnesses
All the photocopies of required documents need to be attested by a Gazetted Officer.
The completed application needs to be submitted to the concerned Marriage Officer. It is compulsory
for both husband and wife to be present at time of submission of application. All original documents are
required at the time of submitting the application form. After submition of forms, applicants are given
a date and time for appearance before marriage registrar for solemnization of marriage.
A notice of proposed marriage (with photographs and details) will be published on the notice board of office
of concerned Marriage Registrar for a period of 30 days. During course of the court marriage procedure of solemnization
under Section-13 of the Special Marriage Act 1954, any person may file an objection to the proposed marriage
within 30 days of issue of notice on public notice board.
On the date of appearance, both parties have to appear before marriage registrar. All original documents
as well as photocopies are required at the time of registration of marriage.
3 witnesses will also need to be present along with couple during the Court Marriage procedure on date of appearance.
Next step is to deposit a registration fee and complete formalities of matching name spellings and tallying documents.
After examination of application forms and documents, registrar will ask the both to take
an oath in front of him - the format of oath will be provided.
After satisfying that no one has any objection with respect to that marriage, Registrar will ask the
parties to sign the marriage certificate and counter sign the same.
In cases where such a objection is filed, the Officer shall not solemnize the marriage until he has decided
on the validity of the objection raised within 30 days of receipt of the objection. Valid objections include
age of any of the parties intending to get married or the bride is too closely related to the groom (parties
are within the restricted degrees of relationship) or that either party has a living spouse. The Officer will
not solemnize the marriage until he has inquired into the matter of the objection and is satisfied that it
ought not to avert the solemnization of the marriage or the objection is withdrawn by the person making it.
In cases where a valid objection is found after enquiry and the Officer refuses to solemnize the marriage, any
of the parties may file an appeal within 30 days to the District Court.
After showing the receipt, the marriage certificate is handed over to the married couple on the same day.