In India, court marriage is legal marriage done in front of Marriage Officer or Sub-Registrar. No religious ceremony is required. Court marriage is solemnized under Special Marriage Act, 1954. Any two adults can marry under this law, no matter their religion or caste. Court marriage fees can vary based on different states. In this blog, we will discuss court marriage fees, court marriage procedure and documents required for court marriage
What is court marriage
Court marriage is legal marriage done under Special Marriage Act, 1954. It does not involve any religious ceremony.
So, what is difference between Hindu Marriage Act and Special Marriage Act?
Hindu Marriage Act applies only when both bride and groom are Hindu. If marriage is between two people of different religions, court marriage is done under Special Marriage Act.
Court marriage can take place between two Indian citizens or between Indian citizen and foreigner. There is no discrimination based on religion, caste, or community. Court marriage is conducted by Marriage Registrar. After marriage, couple receives marriage certificate. This certificate proves marriage is legally valid.
There are many reasons why court marriage rules are the most preferred choices in India. Some of the reasons are:
- Couple wants to keep marriage economical and simple.
- They want to save their money.
- There is increase in number of inter- caste marriages.
- Restrictions of families.
Things to keep in mind before applying for court marriage:
- Female must be at least 18 years old. Male must be at least 21 years old.
- Both must be mentally fit and should not suffer from any mental disorder or insanity.
- Neither partner should be married to someone else. Court marriage is allowed only if previous spouse has passed away or legal divorce is completed.
- Both must give free and valid consent.
Court marriage cost in India
Court marriage fees differs from state to state. Each state has its own rules and fees for court marriage. It is advisable to check the application fee before applying. In general:
- Court marriage cost under Hindu Marriage Act is Rs. 100
- Court marriage fee under Special Marriage Act is Rs. 150
Remember, lawyer charges are separate. These charges depend on case type. A normal case is cheaper where both partners are unmarried i.e, they do not have any previous partner. In complicated case, for example, divorce case, lawyer may charge more.
What is the procedure of court marriage in India?
Step 1- 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. You can get application form online as well as offline. You have to submit form 30 days before the date you are thinking to marry. Submit form to marriage officer who resides in either of the participant’s district.
Step 2-Marriage officer of the district will display form at 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, marriage officer checks validity of the same. If they satisfy with objection, the officer can cancel court marriage on the spot. In this case, parties may appeal to concerned district court, against the order of the marriage officer. If there is no valid objection, officer can proceed with procedure of court marriage.
Step 3- After 30 days, on day of marriage, bride, groom and three witnesses have to sign declaration form in presence of marriage officer or at location that is close to officer’s office. Declaration would state that parties are proceeding with court marriage.
Step 4- Once all formalities are completed, marriage registrar enter details of court marriage. This is as per the provisions mentioned in Schedule IV of the Special Marriage Act. After you have paid court marriage fee, certificate will be issued within 15 to 30 days
What are the documents required for court marriage?
Here are the list of 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
- NOC or marital status certificate from concerned embassy
- Documentary proof of one of the partners staying in India for 30 or more days.
- Proof of residence or report from concerned SHO
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