Date : 07 Nov, 2019
Post By Shreya Mintri
Court marriages in India are formalized under The Special Marriage Act, 1954. The process of conducting a court marriage remains the same all over India. Court marriage can be solemnized between two individuals irrespective of them belonging to the same or different religions, their caste, religion or race. The court marriages take place in a court in front of a marriage officer in accordance with the act and thereafter the parties can directly apply for a marriage registration certificate.
Conditions for Court Marriage
Under Section 4 of The Special Marriage Act, the following rules are listed for court marriages in India:
1. The parties must meet the necessary conditions as listed in the act before signing the Civil Marriage Contract
2. Neither of the parties should already be in a marriage while applying for the court marriage. If the previous spouse is deceased or divorced, then the court marriage can be obtained.
3. The parties entering the court marriage procedure must be doing so at their own free will i.e. there should be no pressure made on them for doing the same and neither of the parties should be of an unsound mind while entering into the procedure of court marriage.
4. Court marriage can only take place if both the bride and groom are of age as legally accepted in India i.e. for the bride it should be 18 years and above and for the groom it should be 21 years and above.
5. The parties to the marriage should not fall within the degree of prohibited relationship.
Documentation required for court marriage in India
Legal marriage procedures can only be conducted if proper documentation is in place. It is advisable to hire an attorney who could help you with the entire court marriage process right from arranging your documents till getting your marriage registration certificate for you.
1.Marriage Application form duly signed by both parties
2.Receipt of the fee paid for the registration of marriage in the District court
3. Documents prooving the age of both parties. (preferably a Birth Certificate or passport)
4. Residential proof (preferably Aadhar Card, Voter ID, Ration Card or Driving License). For instance, if the couple wants to get married in Delhi then one of them should have a proof of stay in Delhi for at least 30 days. The proof can be in the form of ration card or report from the station house officer
5. Signed affidavits from each party claiming their marital status; unmarried/widowed/divorced and that they are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act
6. Passport size photograph of the bride and groom (2 copies)
7.In case of a divorcee a copy of divorce order and in case of a widower the death certificate of the previous spouse.
Additional Document requirements in case of a foreign national:
1.A copy of passport and visa in India
2.Proof of residence from either party claiming a minimum of 30 days stay in India
3.No objection certificate or the marital status certificate from the concerned embassy
Documentation required of witnesses for the marriage
1.One passport size photograph of each witness
2.PAN Card of all witnesses
3.Identification proof of the witnesses in the form of a driving license, adhaar card, and others.
Court Marriage Fee
Court marriage cost varies from state to state. Generally, court marriage procedure fees are between INR 500 to INR 1000. Even though the fees for court marriages are less the process is long and tedious and only an expert lawyer can guide you best through the entire process.