Court Marriage in India: Process, Fees, and Required Documents

From the very wording, a court marriage stands for a marriage that is solemnized in a court or a sub-registrar office. In India, a court marriage takes place as per the provisions of the Special Marriage Act, 1954. A court marriage is distinct from the other types of marriages including the Hindu, Christian, Muslim marriages since it legally validates the union irrespective of religion, caste, creed unlike the other marriages. 

In simple words, a court marriage is presided by the rules set out in the Special Marriage Act, 1954 and not by the customs or traditions. Court marriage is the preferred option in case of inter-religious or inter-caste marriage. Learn more about your legal marriage options in our guide on “Marriage Registration in India”.

What is Court Marriage in India?

Though the term court marriage does not have an explicit definition under the Special Marriage Act, 1954, from the very terminology it is evident that court marriage is the solemnization of the union between the parties before the court of law. It is not presided over by any strenuous or prolonged rituals or ceremonies. 

However, for a court marriage to be valid there are certain requirements that are to be fulfilled.  

Eligibility Criteria 

1. There should not be any subsisting marriage for either parties
2. There should be valid consent given by them. This means that they should be of sound mind for giving consent.
3. The male should have completed twenty one years of age and the female should have completed eighteen years of age.
4. The parties should not be within the prohibited degrees of marriage.

An application for a court marriage may be made by parties who belong to two different caste, religion, state and even nationality. To know more about the procedure of registration in the case of Non Residents of India (NRI), do check our guide on “NRI Marriage Registration Procedure”    

Benefits of Court Marriage

1. It allows the interfaith couples and even people belonging to two different nationalities, an opportunity to legalize their union and gain validity in the eyes of law.
2. It is one of the most preferred methods of solemnization of marriage as it is simple, convenient and economical for the couples as well.
3. It is superior to the other types of marriage since unlike others which are presided by religion, customs and rituals, this stands on the roots of a legal basis.
4. By way of a court marriage, the couple has the legal status of husband and wife and this guards their rights to property and inheritance.
5. It upholds secularism since it is the only way of ensuring that there is inclusivity irrespective of caste, creed, religion or nationality.

Court Marriage Process in India (Step by Step)

Section 5 to 14 of the Special Marriage Act,1954 deals with the elaborate process of court marriage.

Step 1 : Submission of Marriage Notice

First and foremost requirement is that parties to the marriage should submit a notice in writing to the concerned Marriage officer.The concerned office is in the district where at least one of the parties has resided for at least thirty days prior to the date of notice.

Step 2 : Verification by Marriage Registrar

The Marriage Registrar shall verify the documents and notice submitted and the same is open for receipt of objections for a period of 30 days. 

If the Registrar receives any objection, then the same will be inquired into and resolved without which the Registrar can’t proceed further to solemnization of marriage

Step 3 : Signing the Declaration 

Upon the completion of 30 days from the date of notice, the parties and three witnesses should sign a declaration only upon the signing of the declaration the union will acquire a legal validity.

Step 4 : Marriage Registration and Certificate 

The declaration makes it complete and binding on the parties. The parties sign the declaration that I take __ to be my lawful husband (wife). This will be recorded by the Marriage Registrar in the Marriage Certificate Book and in pursuance issue a Marriage Certificate by way of which the parties acquire a legal validity as husband and wife.

If you are in need of legal assistance at any step of the marriage registration, do visit our Family Law Services.

Documents Required for Court Marriage

1. For Parties 

1. Proof of Age: Birth Certificate or any government issued certificate that is proof of age.
2. Proof of Identity/ Address: This could include voter-ID, Aadhaar card, PAN card etc.
3. Passport size photos of the parties
4. Proof of Marital Status: This applies to those who have been previously married and in which case they should submit proof via decree of divorce or death certificate of the spouse only upon which the marriage can be solemnized. 
5. Copy of notice of the intended marriage.

2. For Witnesses

1. Proof of age and identity: By way of Aadhaar card, PAN card, voter ID, the witnesses could ascertain their proof of age and identity 
2. Passport size photos of the witnesses 

3. For Foreign/ NRI Applicants

1. Passport : If the parties are NRI or foreigner, then passport will be mandatory piece of document
2. Visa should also be submitted 
3. Embassy NOC should be issued by concerned Embassy

To know more about filing of an affidavit, do visit our guide on “How to Prepare an Affidavit in India”

Court Marriage Fees in India

It is important to note that the parties to the marriage should pay the requisite fees as per the requirements of the State for the solemnization of marriage.

This fee is not fixed and varies from state to state and this usually varies from Rs. 500 to Rs. 1000. This includes the application fee which in general varies from Rs. 100 to Rs. 150, the court stamp fees and other incidental expenses 

It is also important to note that the procedure might prolong for a longer duration in case if the objections are raised by any person and in which case it is always advisable to hire the services of a lawyer for avoiding any kind of hassles. You can always consult our best family lawyers in Bangalore for the efficacious and speedy disposal of your marriage applications without any hindrance.

Court Marriage Rules under the Special Marriage Act

Section 4 of the Act precisely deals with the Conditions relating to the solemnization of special marriage It elucidates the eligibility Criteria which includes the following: 

1. There should not be any subsisting marriage for either parties
2. There should be valid consent given by them. This means that they should be of sound mind for giving consent.
3. Neither party should be suffering from any mental disorder or any other kind of disorders that makes them unfit for marriage and procreation of children 
4. Neither party should be subject to recurrent attacks of insanity
5. The male should have completed twenty one years of age and the female should have completed eighteen years of age.
6. The parties should not be within the prohibited degrees of marriage.

For a better understanding of the laws that regulate marriage in India, do visit our blog on “Marriage Laws in India Explained”   

Common Reasons for Delay or Objection 

1. Procedural delays: In case if there are a humongous number of applications to be disposed of by the Marriage Registrar then there will be an undeniable delay in the processing of the application.
2. Delay posed by objections: In case if any person poses an objection to the notice for marriage, then the process will be further delayed. This is because upon objections being raised, the Marriage Registrar should inquire into the same and resolve the same only upon which the, it could be processed further.
3. Delay posed by lack of documents: In case if there is lack of submission of the requisite documents then it would also further delay the process
4. Delay posed in case of foreign applications: It is important that the foreign applicants submit all the requisite documents as required for the processing of their application in any other case, they will face a delay or even a rejection of application.

Court Marriage vs Hindu Marriage Registration 

1. A court marriage is based upon the rules of law unlike Hindu marriage which is presided over by customs and traditions including saptapadi, kanyadaan etc.
2. The legal requirements with regard to the age, consent, living spouse etc remains the same for both forms.   
3. It is a secular method of legalizing the union which upholds inclusivity unlike Hindu marriage which takes place only between Hindus.
4. A court marriage is registered under the Special Marriage Act, 1954 whereas Hindu marriage is registered under the Hindu Marriage Act, 1955. 

To have a better understanding about the process of registration of marriage under the Hindu Marriage Act, 1955, you can visit our blog to know more about Marriage Registration Under Hindu Marriage Act

FAQs 

1. Can court marriage be done without parents?

Yes,court marriage does not necessitate the presence of parents for the solemnization of marriage. It mandates the presence of three witnesses who are adult and legally competent.

2. Is Aadhaar a mandatory document for registration of Court marriage?

No, Aadhaar is one of the documents that proves the identity and address of the parties. In the absence of the Aadhaar card then the parties can submit any other government authorised identity card which includes Voter ID, Pan Card etc.

3. Can a couple of different religions marry in Court marriage?

Yes, parties belonging to different religions may marry by way of a Court Marriage since it is presided by Special Marriage Act, 1954.

4. Can the venue for Court Marriage be changed?

Yes, the marriage venue can be changed. The marriage can take place before the Marriage Registrar or any other place which is at reasonable distance from the concerned office upon the payment of the requisite additional fees.

If you have any kind of queries, do consult with the best lawyers of our Law Firm for any kind of legal assistance you may require.    

Conclusion

It could be concluded that Court Marriage is a simple, effective and economical mode of solemnization of marriage which is preferred over traditional marriage however it will be complete and binding only upon the fulfillment of the requirements mentioned in the Special Marriage Act, 1954.

It is always advisable to consult a lawyer for the smooth flow of the procedure. “Need help with court marriage documentation? Contact our best Lawyers in Bangalore for assistance.”