A court marriage in India is a legal marriage done under the Special Marriage Act, 1954. It does not need any religious rituals, but documents are very important. For court marriage, the couple must submit documents like age proof, identity proof, address proof, marital status proof to the Marriage Registrar. There is also a 30 day notice period, so you need to submit correct documents to avoid any delay. In this blog, we will discuss the documents required for court marriage in India.
Court Marriage
In India, court marriages are done under the Special Marriage Act, 1954. The Hindu Marriage Act, 1955 is used to register marriages that have already solemnized through religious ceremonies. But the Special Marriage Act is for marriages done directly through the government without any religious rituals. Court marriage happen at the Marriage Officer’s office. But under Section 12 of the Special Marriage Act, couples can have marriage at another place like home or hall as long as it is close to the Marriage Officer’s office.
To apply for the court marriage you need to pay a nominal fee to the cashier of the district registrar office. Attach the receipt for the fees you paid to the application form. The fees are Rs. 100 if you are getting married in the Hindu marriage act and special marriage act fee is Rs. 150.
Court marriage documents for Bride and Groom
Following are the documents required for court marriage :
- Application form – The court marriage application form must be filled and signed by both the bride and groom.
- Proof of date of birth – Any one of the following:
- Birth Certificate
- Passport
- 10th class certificate
- Address Proof – Any one of these documents
- Aadhaar Card
- Voter ID
- Ration Card
- Electricity Bill (At least one partner must have lived in the district for 30 days.)
- Affidavit – Separate notarized affidavits from both parties stating –
- Date of birth
- Marital status (unmarried / divorced / widowed)
- They are not related within prohibited relationships
- Photographs – 4 to 6 recent passport-size photographs
- If divorced or widowed –
- Divorce decree (certified copy), or
- Death certificate of the previous spouse
Court marriage documents for Witness
Three witnesses are required
- Identity proof – PAN Card / Driving License / Passport
- Address proof – Aadhaar Card or Voter ID
- Photographs – 2 passport-size photographs of each witness
Process of court marriage
The process of court marriage is simple and easy. Basically, the process is divided into 4 steps. All the steps are explained below:
1. Notice of intended marriage –
The couple must give written notice to the Marriage Registrar. At least one partner must have lived in the district for 30 days before giving the notice.
2. Publication of objection –
After receiving a notice registrar display the notice for any objection against it. If there are no objections to the notice, the process will continue. If there are objections and they are valid, the court marriage will not proceed.
3. Sign of declaration –
If there are no valid objections, the couple and three witnesses visit the Registrar’s office. They sign the declaration in front of the Marriage Officer.
4. Marriage certificate –
After signing, the Registrar records the marriage details. The marriage certificate is issued in a few days. This certificate is legal proof of marriage.
Frequently asked questions
Is it possible to do a court marriage within a day?
No, you can not do court marriage in a day. Its minimum 30 days procedure.
What are the fees for court marriage in India?
The court marriage cost varies from state to state. Fees are approximately rages between Rs. 500 to Rs.1000.
What are the court marriage documents needed to carry for witnesses?
Witnesses must bring their original Aadhaar Card (or Passport/Voter ID) to prove their identity and address. A PAN Card is also required in most states. They should also carry 2 recent passport-size photos and be present in person to sign the marriage register.
balaji
Hi Khushboo my name is Balaji your blog is very informative thanks for sharing, Court Marriage is the formalization of marriage between a male and a female who are entitled to marry without any bar to their caste, religion, or faith in front of a court, a marriage officer and in the presence of three witnesses. Making all the arrangements for your lovely marriage ceremony is enough. Your marriage won’t be legal unless you get it registered. This is a common procedure, which has to be followed by everyone. Find out how you can get a Marriage Certificate from our VSK & Co Law firm both before and after the ceremony