Procedure of court marriage in India Online steps by by step

23 Jun 2022

legaltax

Procedure of court marriage in India: Online   steps-by-by-step

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.

What is court marriage?

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

  1. It is not necessary for both parties to belong to India.
  2. It is not necessary for both parties to belong to the same caste and same religion.

Pre-requisites of a Court Marriage

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.

  • Valid Consent:  Free consent for Court Marriage is given by both the parties
  • Age: Both parties must be eligible to marry i.e., they should be of Court Marriage age. The age for a boy is 21 years and the age for a girl is 18 years.
  • Prohibited degrees of relationships: The bride and groom must not be within the degrees of prohibited relationships. However, if the customs governing any one of them allows such marriage, the degree of prohibited relationships will not be applicable.

Documents required for a Court Marriage

  • Duly signed marriage application form by both bride and groom
  • Receipt of fees paid along with the application form
  • Date of birth proof of both bride and groom (Class 10th Certificate/Passport/Birth Certificate)
  • Residential address proof (Aadhar Card/Voter Card/Ration Card/Driving License)
  • Affidavit one each from both the bride and groom.
  • 2 witnesses with valid aadhar card pan card and address proof.

Court Marriage affidavit must contain the following information:

  • Date of birth
  • Marital status whether unmarried, divorced or widowed
  • A statement affirming that the parties are not related to each other under the prohibited degree of relationships
  • 2 passport size photographs of both bride and groom
  • Copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widow.

Expenses while Court Marriage

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.

Procedure of Court Marriage in India: Divided in six steps

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

  • More cost-effective ,simple and straightforward procedure

  • It helps to avoid the high costs of wedding customs and ceremonies
  • The bride and groom have the choice of solemnizing their marriage in any way they mentioned above.
  • Both parties sign the marriage documents freely.

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