Court Marriage
Court Marriage
Court marriage is a legal process to complete the wedding of two partners. It is performed in court according to the different laws in India. It allows the marriage of partners irrespective of their religion or caste. Under Article 21 of the Indian Constitution, everyone has the right to marry the person of their choice. There are many laws for court marriage & marriage registration in India. These laws can be the Special Marriage Act, Hindu Marriage Act, Anand Marriage Act, Indian Christian Marriage & Divorce Act, etc.
Court marriage is completely different from traditional marriage. During traditional marriages, all rituals & ceremonies are performed. But, all court marriages are performed in court in the presence of a marriage registrar & witnesses.
Eligibility Criteria for your Court Marriage
Anyone who wants to perform their court marriage must have to fulfill the eligibility criteria for their court marriage. There are certain conditions everyone needs to fulfill before their marriage.
- Age Criteria: As per Indian Laws, anyone who wants to perform their court marriage must have to fulfill the minimum age requirement for male & female partners. The minimum age of both the partners: Male – 21 years & Female – 18 years.
- Mutual Consent of Partners: Approval of both partners is very important. Both the partners want to marry each other. They have taken this decision to perform the marriage without any pressure or force.
- Non-Prohibited Relationships: Certain marriages are not allowed in different religions & customs. Some relationships are prohibited in different Indian Laws & Different Religions. Both the partners must not belong to these relationships before performing the marriages. During traditional marriages, all rituals & ceremonies are performed. But, all court marriages are performed in court in the presence of a marriage registrar & witnesses.
- No Active Relationships: In India, bigamy is not allowed. Both the partners must not have a prior active relationship. In the case of prior relationships, either they have got the divorce decree from the court or one of the spouses is not living. A Death Certificate or Divorce Decree will be needed.
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Important Documents Required for Court Marriage
There are certain documents are needed for the court marriage of both partners & witnesses. List of documents both the partners & witnesses required for court marriage:
Documents For Male & Female Partners -
Identity Proof / ID Proof:
PAN Card / Driving License / Passport (Any one of them)
Address Proof:
Aadhar Card / Rent Agreement / Voter ID Card / Gas Bill / Electricity Bill (Any one of them)
Birth Proof:
Class 10 Marksheet or, Birth-Certificate (जन्म प्रमाण पत्र)
Divorce Decree:
In the case of a previous relationship, if the previous partners have taken divorce, they have to submit the divorce decree for marriage.
Death Certificate:
This is applicable only for the partners in a previous relationship such that one of the partners died. The living partner must have to submit the death certificate of the non-living spouse.
Photos:
6-6 passport size photos of male & female partners
Documents For Witnesses -
Identity Proof (ID Proof):
PAN Card / Driving License / Passport (Any one of them)
Address Proof:
Aadhar Card / Rent Agreement / Voter ID Card / Gas Bill / Electricity Bill (Any one of them)
Photos:
2-2 photos of all the witnesses
Important Laws for Court Marriage & Marriage Registration
1) Special Marriage Act, 1954
This is an important act for the court marriage & marriage registration of both the partners irrespective of their caste & religion. No traditional marriage & rituals are performed during the marriage under this act.
It takes around 30 days for the completion of the marriage. All inter-religion marriages are performed under this act. The approval of parents is necessary for the marriages under the SMA, 1954.
2) Hindu Marriage Act, 1955
This is applicable for all Hindus including Sikhs, Jain & Buddhists. It takes only 3-4 hours for the registration of marriages under this Act. Both the partners must belong to the same Hindu Religion. But, the caste of both the partners doesn’t matter.
- At first, Both the male & female partners have to complete their marriage in the Arya Samaj Temple.
- In Arya Samaj Temple, the marriage of both the partners is completed as per the Hindu Vedic Rituals.
- Only some important rituals are performed like – Saptapadi (Seven Pheras Around Fire), Mangal Sutra & Sindoor-Daan.
- Also, two witnesses are required for the Arya Samaj Marriage. It takes around 2-3 hours for the completion of Arya Samaj Marriage.
- After the Arya Samaj Marriage, the marriage will be registered in a court under the Hindu Marriage Act, 1955.
- The marriage certificate will be issued after the marriage registration.
3) Marriage Of Muslim Partners
If both the partners belong to the Muslim religion, all the marriages will be registered under the Muslim Personal Laws.
- At first, Both male & female partners perform their Nikah. Both of them have to sign a Nikah-Nama by the Kazi.
- Their marriages will be registered in court & they will receive the marriage certificate after some days.
4) The Indian Christian Marriage Act, 1872
This is applicable to all the Christians in India. If both the partners belong to the Christian Religion, their marriages will be registered under the Indian Christian Marriage Act, 1872.
- At first, their marriage will be completed at the Church in the presence of priest & two witnesses.
- After the church marriage, their marriage will be registered in court as per the Indian Christian Marriage Act, 1872.
5) Parsi Marriage & Divorce Act, 1936
This applies to all the Parsi Religions In India. If both the partners belong to the Parsi Religion, their marriages will be registered under the Parsi Marriage & Divorce Act, 1872.
Complete Process for Court Marriage
Step 1: Consult A Matrimonial Lawyer
A court marriage lawyer will assist & help you to complete your court marriage without any stress & hassle-free. There are many processes involved in court marriages. A lawyer will complete all your paperwork & organize all your documents. They will also help you to register your marriage at the marriage registrar’s office.
Step 2: Notify The Marriage Registrar
You have to send a marriage application to the marriage officer of the district. You can choose the district such that at least one of the partners has been living there for more than 30 days. You have to send the application to the marriage officer 30 days before your court marriage. The marriage application must be signed by both partners.
A marriage lawyer will help you to fill the marriage application & send that application to the marriage registrar’s office. The lawyer will help you to complete the court marriage easily & organize all your paperwork.
Step 3: Displaying The Notice Of Your Intended Marriage
The marriage officer will put the notice of your intended marriage at the notice for 30 days. Under Section 6 of the Special Marriage Act, 1954, the marriage officer has to keep the notice of the intended marriage at some remarkable place in the marriage office. Also, the marriage registrar has to maintain the records of all the marriage applications in the “Marriage Notice Book“.
Step 4: Objection To The Marriage
Under Section 7 of the Special Marriage Act, 1954, anyone who has a problem with this marriage can directly contact the marriage officer & raise their objection. The marriage officer has the power to investigate them & stop the marriage process. If there are no objections to the marriage process, the marriage will be performed in court in the presence of the marriage registrar.
Step 5: Completion Of Court Marriage
We already know that court marriage is completely different from traditional marriages. No customs or rituals are performed during the court marriage. Both the partners have to sign the declaration form of marriage in the presence of the marriage registrar & 3 witnesses. In this way, the marriage of both the partners gets completed.
