In India, Court Marriage is solemnized under the Special Marriage Act of 1954 in a Court before a marriage officer and in the presence of witnesses. In order to get a court marriage done, one can apply to the Marriage Registrar.
Court Marriage Age
According to, Section 4 of the Special Marriage Act, 1954- The court marriage age for a bridegroom is 21 years, and for a bride is 18 years.
Court Marriage Office
Section 12 of the Special Marriage Act, 1954 provides the place of marriage. Court marriages are typically performed at the Marriage Officer's office. The court marriage must occur at the office of a marriage officer or another proximate location in the vicinity of the Court.
Court Marriage Register
Section 18 of the Special Marriage Act states that “where a certificate of marriage has been finally entered in the Marriage Certificate Book under this Chapter, the marriage shall, as from the date of such entry, be deemed to be a marriage solemnized under this Act, and all children born after the date of the ceremony of marriage (whose names shall also be entered in the Marriage Certificate Book) shall in all respects be deemed to be and always to have been the legitimate children of their parents.”
Court Marriage Fees
Every state establishes its own rules and regulations and prescribes its own fee structure for the solemnization of Court Marriages; thus, it is always advisable to check the fees while filling out the online application for Court Marriage.
Court Marriage Documents List
- Application form signed by both the parties.
- Evidence of date of birth of parties.
- Evidence of each party's residence.
- Two passport size photographs of the bride and groom.
- Death certificate or divorce decree if the parties are previously married.
- The receipt of fees paid in relation to the District Court application form.
- The parties' declaration that they are not related to one another to the extent that is prohibited by the Special Marriage Act.
The Procedure of Court Marriage in India
Step 1-Notice of marriage
The parties must first give notification to the district marriage officer. It requires that the parties to the marriage notify their intention to marry to the marriage officer in writing and in the manner specified in the second schedule of Act.
Step 2-Publication of the Notice
After publishing the notice, the marriage officer must post it to a prominent location within his office; there is a 30-day waiting period before lodging any type of objection. The marriage can be performed by the marriage official if there are no objections.
Step 3- Objection to the Marriage
Anyone may object to a judicial marriage under Section 7 of the act if they believe it would violate any of the conditions outlined in Section 4 of the act during the 30-day time frame. If an objection does not prevent the marriage from being solemnised, the Marriage Officer, as per Section 8, will investigate it within 30 days of receiving it.
Step 4- Declaration by the Parties and the Witnesses
In a court marriage, three witnesses are necessary before the marriage is solemnised. It is necessary for both parties and three witnesses to sign and certify in the form outlined in the Third Schedule in front of the marriage officer.
Step 5- Certificate of marriage
The marriage officer will issue the marriage certificate after completing all of these formalities. Such a document serves as conclusive proof of the court marriage.
How long does court marriage take in India?
Usually, it takes 30 to 60 days to complete the entire court marriage solemnization process. After the notice of intention is published, the Marriage Officer has 30 days to consider any objections to the marriage, if any, and if any objections are raised during that time, the Marriage Officer has 30 days to conduct an inquiry.
Is notice to parents about court marriage sent?
The Delhi High Court decision in the case of Pranav Kumar Mishra and Anr. v. Govt of NCT of Delhi and Anr. properly addressed the proposition of the Special Marriage Act, 1954 and the issue of the notice to the respective domicile. The following was the High Court's ruling:
“It becomes clear on a textual reading of the relevant provisions of the Act that no requirement of posting of the notice to applicants addresses or service through the SHO or visit by him is prescribed in the Act. Absent any legal compulsion – as is the position -for sending notices to residential addresses in case of solemnization of the marriage, in terms of Sections 4 and 5, their dispatch can well amount to the breach of the right to privacy, which every individual is entitled to.”
In light of the above judgment, it is not necessary to send notice of Court Marriage to the Parents.
Is it good to do court marriage?
Court Marriage is beneficial in a lot many ways. Such as:
1. It is a more cost-effective and simple process.
2. It avoids the significant costs associated with wedding ceremonies and rituals.
3. The ceremony for the marriage can be solemnised whichever way the parties like.
4. Because the parties to a marriage sign the marriage forms voluntarily, it ensures that both parties have given their approval.
 Section 4 of the Special Marriage Act, 1954.
 Section 12 of the Special Marriage Act, 1954.
 Section 18 of the Special Marriage Act, 1954.
 Section 7 of the Special Marriage Act, 1954.
 Section 4 of the Special Marriage Act, 1954.
 Section 8 of the Special Marriage Act, 1954
 Pranav Kumar Mishra and Anr. v. Govt of NCT of Delhi , 2009 SCC ONLINE DEL 725.