Court Marriage in India – Things You should Know

The procedure of court marriage in India is simple. However, it is important to hire the best court marriage lawyer to accomplish the procedure hassle free. Solemnization of marriage procedure in court is important to give legal sanction to a couple. Court can solemnize the procedure in an unbiased way (no bar for caste, religion or creed).

In India, court marriage procedure in India allows an Indian Male and Indian Female to get married to each other regardless of their caste, creed, religion, color or even nationality. It takes only 6 steps and one can get married to the man or woman of their dream.

Court marriage is compliant with the provisions of the Special Marriage Act, 1954.

This act provides for the following:

  • The age for court marriage
  • Prerequisite conditions
  • Documents required
  • Fees for court marriage fees
  • The entire procedure

Court Marriage in India

In India, court marriages differ from the traditional marriages. A court marriage requires presence of a marriage officer (representative of law). The procedure allows two individuals under eligible age to get married to each other in presence of three witnesses. It does not demand any celebration. The procedure in the presence of marriage registrar and witnesses will grant a couple their legal status of marriage.

Prerequisites for Court Marriage – Understanding the Rules and Regulations

Unmarried Status – The male or female should be unmarried. In case of previous marriage, it should have either ended in a legal divorce or proof that the previous spouse’s death should be produced.

Free Consent – The parties must have given free consent for court marriage i.e., none of the party to the court marriage to be incompetent of giving valid consent due to unsound mind or any other factor.

Eligible for Marriage – The parties must be eligible to marry i.e., they should be of court marriage age. The court marriage age for a boy is 21 years and the court marriage age for a girl is 18 years. Also, neither of the party should be unfit for marriage or procreation of children.

Relationship – Being related to each other (by blood or parental marital status) especially under the prohibited degrees of marriage as provided in Schedule I of the Act can be an issue. In case, it is valid according to the customs or traditions of the religion of any of the two parties, the court may consider it.

Documents Required

  • A couple requires arranging for the following documents as mandatory prerequisite for Court Marriage in India:
  • Application form duly signed by both bride and groom
  • Receipt of fees paid
  • Application form
  • Date of birth proof (both bride and groom). The couple can provide Class 10th certificate/ passport or birth certificate.
  • Residential address proof such as voter card, aadhar card, ration card, or driving license.
  • Affidavit from both bride and groom. It should contain details such as their date of birth, marital status (unmarried, divorced or widowed)
  • A statement affirming that the parties are not related to each other (this is important as a proof 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 or death certificate of spouse in case of widow/widower.

Witness Documents

The following witness documents are requirement for Court Marriage:

  • PAN card of the witnesses
  • An identification document (driving licence, Aadhar card etc.)

Getting in touch with a reputed and popular court marriage lawyer in Delhi will help you to accomplish the procedure without any hassles and delay. You will also get apt guidance on things to do, documents to be arranged etc.