Court Marriage

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Written by advocateankurgoel

by Advocate Ankur Goel B.E., LLB
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Overview :

Now a days Court Marriage increased due to pandemic. Usually Court Marriage is done by inter religion however due to pandemic, many Hindus are also currently opting for the Court Marriage.

A court marriage means that the marriage irrespective of their caste or religion. 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 performed in this Act and a marriage certificate is issued by the Marriage Officer in presence of three witnesses.

Procedure :

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.

Steps :

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

Documents Required :

  • 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.
  • 10 photographs each

Frequently asked Questions :

Question – Can 2 people from different religions get married in court?
Answer – Yes, people from different castes, religions can perform court marriage under the Special Marriage Act, 1954.

Question – How much time does the court marriage procedure take?
Answer – The time taken in a court marriage procedure is 31 days. Usually, it takes around 30-60 days for court marriage registration.

Question – How many times we have to go for Court Marriage?
Answer – All the 5 people (Bride+Groom+3 Witnesses) have to go both 2 times.

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