23 Jun 2022
Court marriage process in India is easy, fast and convenient; in this article we address the procedure of court marriage in India in 6 Easy steps with all legal formalities and documents.
Here we are sharing the process of court marriage in accordance with Hindu marriage act in India, foreign native in India ,the process of Indians getting married outside India , issues raised to a court marriage , importance of court marriage and much more valuable information.
Term which indicates the legalization of marriage is called court marriage. In a vast way it means legal authorization of marriage between a male and a female who are eligible to marry without any bar to their caste and religion. In court marriage, there is no need for any customary celebration to solemnize the wedding.
According to special marriage act, 1954 – some special provisions
You need to fulfill all rule regulations before initiating the Court Marriage process. Court Marriage rules given under Section 4 of the Special Marriage Act as well. The parties have to fulfill the essential conditions mentioned in the act, before mutually signing the Civil Marriage Contract. The conditions are as given below:
No pre-existing marriage: Neither the bride nor the groom must have a living spouse at the time of court marriage.
Court Marriage affidavit must contain the following information:
Court Marriage fees vary in different states. Generally, it comes between Rs 500 to Rs 1000. But it is always advisable to verify fees while filling in the online application for Court Marriage as it may also go beyond the expectation because every state frames its own rules and regulations and prescribes its fee structure for the solemnization of Court Marriage.
"Under the Special Marriage Act, 1954, any parties of all the religions belonging to any caste, creed, color or sex can get married without being involved in any customary tradition.
Step 1: Notice of Intended Marriage
The first step of Court Marriage is getting notice of the intended marriage. The notice is in accordance with the provisions of Section 5 of the Special Marriage Act. You have to send a written notice (mandate)to the marriage registrar showing that intention of the marriage. Court marriage can initiate either of one party's judicial area.
Step 2: Publishing of Notice
The notice sent to the office of the marriage registrar will be published by the marriage officer by affixing it to a place in his office which is clearly visible while keeping the original copy of the notice in his notice book. If the notice of intention to marry is sent to the wrong office of marriage registrar then he shall forward the same to the officer in whose jurisdiction the parties reside so that the notice can be affixed at the right place.
That any person who has an If any person has an objection to the marriage so intended can raise the objection under Section 7 of the Special Marriage Act within 30 days from the date of publication of notice by the marriage registrar. If the marriage registrar finds that the objection raised is correct, then he/she will end the process for the intended Court Marriage. But if he/she finds that the objection is unjustified, then he/she will proceed with the Court Marriage registration procedure. However, if the marriage registrar sustains the objection, then the parties can file an appeal with the district court against the order of the marriage officer/registrar for completing the process of Court Marriage in India.
Step 4: Declaration by Parties and Witnesses: The next step is the declaration given by parties and witnesses. Before the Court Marriage is finalized, the Court Marriage form has to be signed by the parties along with two witnesses declaring as the parties are getting married with free consent. The declaration form has to be signed in the presence of the marriage registrar.
Step 3: Objection to Marriage
Step 5: Place and Form of Solemnization: Section 12 of the Special Marriage Act has provision to solemnization of Court Marriage in the office of the marriage registrar or any other place at a reasonable distance. Marriage procedure can be initiated by filling up the form online. The Court Marriage application online includes the payment procedure of Court Marriage fees to complete it.
Step 6: Procedure for Marriage Certificate: Once the marriage is solemnized according to the rules and regulations of Court Marriage, the marriage registrar enters the details of the marriage, in the marriage certificate will provide access to Schedule IV of the Special Marriage Act. The Court Marriage certificate is proof of a valid marriage statement signed by both the parties and their witnesses and marriage certificate download can be done online also.
Advantages of Court Marriage