Court Marriage

What is a Court Marriage?

Unlike a regularly solemnized marriage, Court Marriage is an economical and hassle-free alternative that lets couples from a different nationality, religion, and caste to solemnize and register their union through a simple procedure which is carried out in the presence of a marriage registrar and 3 witnesses.

Who needs a court marriage?

Individuals looking to tie a knot under the Special Marriage Act can opt for court marriages to legalize their marriage in an economical and hassle-free manner.

Conditions for Court Marriage

Under Section 4 of The Special Marriage Act, the following rules are listed for court marriages in India:

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Neither of the parties should already be in a marriage while applying for the court marriage. If the previous spouse is deceased or divorced, then the court marriage can be obtained.

Necessary Conditions

The parties must meet the necessary conditions as listed in the act before signing the Civil Marriage Contract.

Legal Age

Court marriage can only take place if both the bride and groom are of age as legally accepted in India i.e. for the bride it should be 18 years and above and for the groom it should be 21 years and above.

Prohibited Relationship

The parties to the marriage should not fall within the degree of prohibited relationship.

Court Marriage Procedure

The parties entering the court marriage procedure must be doing so at their own free will i.e. there should be no pressure made on them for doing the same and neither of the parties should be of an unsound mind while entering into the procedure of court marriage.

To obtain Court Marriage Certificate

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Lawyer For Court Marriage

A advocate for court marriage will be your best bet to go ahead with the court marriage procedure. A lawyer would know, how to fill the form and take a date thus making the process smooth for you.

Drafting of notice of intention to marry

Draft notice of intended marriage shall be prepared on your behalf.

Selection of Jurisdiction/Place of marriage

You will then be required to select the jurisdiction of where you want to get your marriage solemnized.

Final documentation check

The lawyer will set up a mutually convenient time for you, your partner and the three witnesses to meet at the office of the marriage registrar to conduct a final check of documentation. Upon finalization, Notice of intended marriage will be filed.

Publication of notice and invitations for objections

The marriage officer will publish the notice and invite objections to the intended marriage within 30 days of publication.

Objections to marriage

In case an objection is raised, the Marriage Officer will decide on the objections after giving the parties an opportunity to present their case. If the objections are found to be true, the marriage cannot be solemnized.

Fixation of marriage date

In case of no objections or removal of objections after 30 days of Notice publication, based on a mutually convenient time, you and your partner along with the same three witnesses will appear before the marriage officer to sign a declaration and get the marriage solemnized.

Marriage certificate

After signing the declaration, the marriage officer will issue a marriage certificate. The marriage certificate will have to be signed by the parties and three witnesses. Upon signing of the document, the marriage certificate will be issued to the couple.

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