Court Marriage – An Overview

A court marriage is a special form of marriage in India that is governed by the Special Marriage Act of 1954. It is a secular and legal form of marriage that is open to all Indian citizens, regardless of their religion, caste, or tribe. Court marriages are also open to foreign nationals who are residing in India.

Court Marriage Registration Documents Required

An affidavit from the couple is mandatory, detailing the marriage venue, date, marital status, and nationality.

• Affidavit
• Documents Establishing Identity and Nationality
• Proof of Address
• Passport-sized Photographs
• Age Proof
• Marriage Invitation (if applicable)
• Details of Witnesses
• Marriage Registration Form
• Proof of Marital Status (if applicable)
• Affirmation that Both Parties are Not Related
• Conversion Affidavit (if applicable)
• Court Fee Stamp

Process of Court Marriage Registration Online

Below given are the steps for Court Marriage Process

To begin with the court marriage process, the parties must send notice to the district’s marriage officer. It requires the parties to the marriage to notify the marriage officer in writing and in the form stipulated in the second schedule of their intention to marry.

After posting the notice, the marriage officer must affix it to a prominent location in his office; there is a 30-day waiting period for any form of protest or objection. In case of no objection notified to the marriage register, the marriage can be conducted effectively.

Section 7 of the legislation allows anybody to object to a judicial marriage if the marriage would breach any of the conditions listed in Section 4 of the Act. However, the objection should be based on legal grounds rather than a personal one. If an objection is received, the marriage officer must investigate it within 30 days and then conduct the marriage if the objection does not prevent the marriage from being solemnised.

In a court marriage registration process, three witnesses are necessary before the marriage can be solemnised. Both the bride groom and the witnesses should adhere to the procedure given in the third schedule in the presence of the marriage officer.

The court marriage registration certificate will be issued after all of these stages have been completed.

Eligibility For Court Marriage Registration

To begin with, neither party should have lived as husband or wife at the time of the marriage.

• The girl must be at least 18 years old
• The husband must be at least 21 years old
• The parties should not be in a state of insanity
• Both parties should offer legitimate consent in the marriage
• Both parties should not be in an illicit connection to any extent
• Both parties should be mentally stable.

Benefits of Court Marriage Registration

Court marriage registration in India offers several benefits to couples, including:

Legal Recognition: Court marriages are legally recognized and provide the same legal rights and protections as traditional marriages. This includes rights to inheritance, property, and maintenance.

Simplified Process:: Court marriage registration is a relatively simple and straightforward process compared to traditional weddings. It typically involves filing an application, providing the necessary documents, and attending a brief ceremony at the office of the Marriage Officer.

Cost-Effective: Court marriages are generally more economical than traditional weddings, as they do not require elaborate ceremonies, rituals, or receptions.

Secular Nature: Court marriages are secular in nature and not tied to any particular religion or caste. This makes them an attractive option for couples from different faiths or those who do not adhere to any specific religious tradition.

Protection Against Bigamy: Court marriage registration helps prevent bigamy, as it creates a public record of the marriage and makes it difficult for either party to enter into another legal marriage.

Security for Spouses and Children: Court marriage registration provides legal security for both spouses and children. In case of divorce or separation, the registered marriage ensures that both spouses have rights to maintenance, property, and custody of children.

Easier Access to Benefits: Court marriage registration facilitates access to various government benefits and entitlements, such as passports, visas, family pensions, and social security schemes.

Evidence of Marriage: A court marriage certificate serves as strong and valid evidence of a legally recognized marriage in any court of law.

Empowerment of Women: Court marriage promotes gender equality and empowers women by providing them with legal protection and recognition as equal partners in a marriage

Social Acceptance: Court marriages have gained increasing social acceptance in India, and they are no longer considered taboo or unconventional.

Court Marriage Registration Fees

As per the Hindu Marriage Act, the court marriage application form fee is ₹100, and under the Special Marriage Act, it is ₹150. The cost of a court marriage varies from state to state, and each person must look into the expenses of the specific location where the marriage will be solemnised.

Tatkal Court Marriage Registration Procedure and Fee

Tatkal court marriages are court marriages where the court marriage certificate is issued in a shorter time period than the usual time taken by courts.

• For tatkal court marriage, you will have to pay ₹2100*/-
• Firstly, login to the website of the district where you’re living in
• Create an account with your aadhar or voter ID card
• Fill all the required details and witnesses
• Create affidavit
• After the acceptance of the format by SDM, attach all the required documents
• An appointment will be arranged for you
• The SDM will verify the file
• Your marriage certificate will be in your hands finally

Laws that Govern Court Marriages

In India, two primary laws govern court marriages: the Hindu Marriage Act 1955 and the Special Marriage Act 1954. These laws provide a legal framework for court marriages and establish the conditions and procedures for solemnizing such marriages.

Hindu Marriage Act, 1955: The Hindu Marriage Act of 1955 primarily governs marriages between individuals who profess the Hindu religion, including Sikhs, Jains, and Buddhists. It applies to all persons domiciled in India, regardless of their place of residence. The Act provides for the solemnization of court marriages between Hindus, along with other provisions related to monogamy, dissolution of marriage, and maintenance.

Special Marriage Act, 1954: The Special Marriage Act of 1954 extends the option of court marriages to individuals of all religions and castes. It is a more comprehensive law that encompasses marriages between individuals of different faiths or individuals who do not follow any particular religion. The Act outlines the conditions and procedures for solemnizing special marriages, including the requirement for notice, publication, and the presence of a Marriage Officer appointed under the Act.

Exceptions and Other Conditions for Court Marriage Registration

Prospective spouses must meet the age limit, with males being at least 21 years old and females 18 years. Both individuals must be mentally sound and capable of giving consent without any undue influence or fraud.

Marriage is generally disallowed between individuals within prohibited degrees of relationship. Exceptions exist if one of the individuals’ customs permits such unions.

At the marriage time, neither party should have a living spouse. Marriages contravening this rule are considered void.

A 30-day notice period is mandatory to the marriage registrar. This period allows for potential objections. The marriage ceremony requires at least three witnesses.

To marry in Jammu & Kashmir, both parties must be Indian citizens. This rule prevents foreign nationals from marrying in this region.

Foreign nationals can marry under the Special Marriage Act, 1954, provided they meet certain conditions. These include living in India for a minimum of 30 days and presenting proof of residence. If they lack Indian residence proof, they can obtain it from the local police station. They also require a No Objection Certificate (NOC) from their home country’s embassy in India and a valid passport and visa.

Complications involved in a Court Marriage Registration Online

• The date of the court marriage is determined by the registrar, and personal attendance is necessary for the formalisation of the marriage
• Even in urgent circumstances, an early date cannot be secured. It must be no less than 30 days post the notice issuance, assuming there are no objections
• If an objection is lodged, the court marriage procedure might be postponed until the objection has been addressed
• Despite the provision for online applications, the presence of the couple before the registrar is essential for marriage solemnization
• The couple is required to submit a marriage notice in the jurisdiction where they’ve resided for a minimum of 30 days
• They cannot choose to marry in a different jurisdiction.

Uniformity of Court Marriage Procedure

The Special Marriage Act applies to people of all faiths equally. Thus, the court marriage process is the same for everyone, regardless of their religion.

Who Needs a Court Marriage Registration?

Court marriage is suitable for various individuals in different situations, including:

• Interfaith or inter-caste couples who want to marry without facing societal or religious barriers
• Couples who prefer a non-religious or civil ceremony
• Those facing opposition from families or communities regarding their marriage
• Individuals seeking a quick and streamlined marriage process
• Couples who value the legal recognition and protection that comes with a court marriage.

Why AccountsWaale for Online Court Marriage?

AccountsWaale provides a complete service when it comes to registering your court marriage. We have the best team of marriage lawyers who can provide you with all the required insights and help you with the paperwork. Initially, you should provide the required documents. Our experts will file the registration process on your behalf. Online court marriage and the procedure following it can also be discussed with our legal experts.

AccountsWaale has a team of experts who are highly reliable and help you track the progress online on our platforms all the time. We have the best customer score and an experienced legal advisors team who is ready to assist you throughout the court marriage registration process.