In India, the concept of court marriage is very much underrated. Most of the times, it is assumed going against the family members to marry the person you love. In this article, we will talk about court marriage fees and all other information regarding court marriage registration fees in India.
Any person with a different caste and religion gets an opportunity to marry each other through court marriage. Court marriage is very different from traditional marriage.
In traditional marriage, all the rituals are performed between the family members, relatives and friends of both genders whereas, court marriage takes place in the presence of a marriage registrar.
In this article, we are going to discuss the court marriage fees, court marriage procedure and the documents required for court marriage. So, let’s begin with marriage cost in India
What is court marriage?
Before diving into court marriage cost, first of all, let’s discuss, what is the meaning of court marriage?
Court marriage is performed under the Special Marriage Act, 1954. Wondering what is the difference between both these?
The Hindu Marriage Act comes into force when both parties are Hindu. For inter-religion marriage, court marriage is conducted under the Special Marriage Act, 1954.
Court marriage can be performed between an Indian male and a female without any discrimination on the basis of caste, colour or religion. The good part is, court marriage can also be performed between an Indian and a foreigner.
In simple words, court marriage is a marriage which is performed according to the law. The procedure of court marriage is performed by the marriage registrar. After the completion of the court marriage, they provide you with the certificate stating their marriage is valid in the eyes of the law.
Further, we will talk about court marriage cost or marriage cost in India, before that let’s see the points you should keep in mind while applying for court marriage.
Things to keep in mind before applying for court marriage:
- The female should be at least 18 years old and the male should be at least 21 years old.
- Both the genders have should not have going on marriage with the third person. The couple can only proceed with the court marriage if the previous partner is not living or the divorce has been obtained.
- The couple should be of unsound mind.
- They have to give valid consent at the time of court marriage.
- The couple should not suffer from any kind of insanity or mental disorder.
Document Required For Court Marriage
Court marriage is gaining a lot of popularity in India. Why?
There are many reasons why court marriage rules are the most preferred choices in India. Some of the reasons are:
- The couple wants to keep the marriage economical and simple.
- The couple wants to save their money.
- There is increase in the number of inter- caste marriages.
- Restrictions of the families.
What is the court marriage cost in India?
The court marriage cost differs from state to state. Every state has the right to frame its own rules and regulations for court marriage.
It is advisable to check the application fee and other fees related to the procedure of court marriage of your state before applying for the online application of a court marriage certificate.
In general, the marriage cost in India for application is Rs. 100 under the Hindu Marriage Act and Rs. 150 under the Special Marriage Act.
Remember: the sum of money charged by court marriage lawyers is also included.
The amount charged by lawyers depends on the type of case. A normal case is cheaper where both the partners are unmarried i.e, they do not have any previous partner.
In a complicated case, for example, a divorce case, the lawyer may charge more.
Now you know the marriage cost in India, we will discuss the procedure for court marriage in India.
What is the procedure of court marriage in India?
- Step 1- The first step of the procedure is to inform the marriage officer of your district. You can tell this by filling up the court marriage application form. It can be obtained from online as well as offline mode. You have to submit the form 30 days before the date you are thinking to marry. Submit the form to the marriage officer who resides in either of the participant’s district.
- Step 2- The marriage officer of the district will display the form at a specific place in the office for 30 days. Within these 30 days, anyone can object to the marriage if it is seems to be illegal.
Section 7 of the marriage act shows that any person who is having an objection for the marriage can come up within 30 days
If any such objection seems correct, the marriage officer checks the validity of the same. If they satisfy with the objection, the officer can cancel the court marriage on the spot. In this case, the parties may appeal to the concerned district court, against the order of the marriage officer.
If there is no valid objection, the officer can proceed with the procedure of the court marriage.
- Step 3- After 30 days, on the day of marriage, the bride, groom and three witnesses have to sign a declaration form in the presence of marriage officer or at a location that is close to the officer’s office. The declaration would state that the parties are proceeding with the court marriage.
- Step 4- Once all the formalities are completed, the marriage registrar inserts the details of court marriage in the court marriage certificate. This is as per the provisions mentioned in Schedule IV of the Special Marriage Act. The certificate issues within 15 to 30 days after you have paid court marriage cost.
In short, the procedure of court marriage usually takes 30 to 60 days to complete.
What are the documents required for court marriage?
In the previous section, we discussed court marriage cost and procedure. Let’s see what are documents required for court marriage?
In case of both Indian Partners:
- Application form (filled and signed by the couple)
- Four passport size photographs (2 copies each)
- Residential proof
- Date of birth proof (matriculation certificate/ passport/ birth certificate)
- Receipt of fees paid with respect to the application form in the district court)
- Separate affidavits for present marital status (unmarried/ widower/ divorcee)
- Copy of divorcee decree/ order in case of a divorcee and death certificate of the spouse in case of widow/ widower
- Two witnesses (both major)
Identity proof of witness
Permanent residence proof of witness
In case of foreign national:
- Copy of passport or visa
- Certificate of NOC or marital status certificate from the concerned embassy
- Documentary evidence of one of the partners staying in India for 30 or more days.
- Proof of residence or report from the concerned SHO
Along with the marriage cost in India, the above-mentioned documents are necessary for a court marriage.
So, this was all about court marriage. This topic also included the court marriage cost.
I hope this article was beneficial for you.
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