Court Marriage

A court marriage means that the marriage between a male and female are performed according to the law irrespective of their caste, religion or creed. When two people opt to get married in the court, there is no need to perform the marriage rituals according to their religion, rather the marriage takes place in court before a Marriage Officer. 

A court marriage in India is solemnised as per the Special Marriage Act, 1954. The marriage registration is conditional to the provisional of the Act and a marriage certificate is issued by the Marriage Officer in presence of three witnesses.

Court Marriage Online Registration In India
At INR 15999

What You'll Get In The Package

Inclusion

  • Telephonic consultation with an expert family law lawyer for 30 minutes.
  • Verification of court marriage documents.
  • Filing of court marriage application.
  • Appearance in court and court marriage solemnisation.

Exclusion

  • Court fees.
  • Stamp duty.
  • Any other legal expenses incurred for solemnisation of marriage.

Documents required for Court Marriage registration

  • The court marriage application form.
  • The receipt of fees to be paid along with the application form.
  • The proof of date of birth of both the parties.
  • ID Proof like Aadhar Card, Driving license, Passport, Voter ID card, etc.
  • Address Proof like Aadhar Card, Driving license, Passport, etc.
  • Affidavits from the bride and groom that mentions the date of birth, current marital status and a declaration that the bride and groom are not related to each other within the degree of prohibited relationships mentioned under the Act.

Procedure of Court Marriage registration

A court marriage can only be performed if certain conditions are met. These conditions include:

  • The bride and groom must not have a living spouse at the time of court marriage.
  • The groom must be of 21 years old and the bride must be 18 years old.
  • Both the parties must give their consent to the marriage without any force, coercion or undue influence.
  • 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.

The court marriage procedure includes the following steps:

  1. The bride and groom need to inform the Marriage Officer about their intention to get married and submit a notice.
  2. The notice for court marriage must be filed in the prescribed format and with the Marriage Registrar of the district in which any one of them has been living for a period of more than 30 days.
  3. The notice of intended marriage is published by the Marriage Registrar to invite any objections against the marriage.
  4. After 30 days, the marriage is solemnised in the presence of 3 witnesses and the Marriage Certificate is issued by the Registrar.

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FAQs

Can 2 people from different religions get married in court?
Yes, people from different castes, religions or creed can freely perform a court marriage under the Special Marriage Act, 1954.
Is it necessary to take permission or approval of parents for court marriage?
No, the permission of the parents is not mandatorily required to perform a court marriage.
How much time does the court marriage procedure take?
The time taken in a court marriage procedure varied in different situations and states. Usually, it takes around 30-60 days for court marriage registration.
Is the court marriage process same for every religion?
Yes, the court marriage procedure under the Special Marriage Act, 1954 is the same for persons under different religions.
Who must give notice for court marriage?
The notice for intended marriage is to be given by the bride and groom getting married.
How much does it cost for a court marriage?
Legistify offers court marriage registration at a fixed price without any hidden charges or extra fees.
Who can raise objections against court marriage notice?
Any person can raise objections against the marriage based on the grounds that the marriage violates any of the conditions requisite for a valid court marriage.
What happens when objections are accepted by Registrar?
If the objections are accepted by the Marriage Registrar, an inquiry is conducted within 30 days from the date the objections were received. If the objections are found to be true, the court marriage cannot be performed.
What to do if the objections are accepted by the Registrar?
An appeal can be filed against the decision of the Registrar that prohibits the court marriage.
To whom can an appeal be filed against the decision of the Registrar?
An appeal against the decision of the Registrar can be filed with the District Court within whose jurisdiction, the Marriage Registrar has an office. Such appeal can be made within 30 days from the date of decision by the Registrar.