Court Marriages In India- Fees, Documents, Process, Certificate

October 17, 2023

A court marriage takes place as per the procedure laid down in theSpecial Marriage Act, 1955 and is quite common across the nation. A marriage officer would perform the marriage without discrimination based on caste, creed or religion. court marriage is a marriage solemnised according to law. The bride and the bridegroom will have to directly submit a court marriage application to the marriage officer to get their marriage certificate. In this article, we are going to discuss the court marriage procedure in India.

Conditions for the court marriage process as provided by the Act

The parties to the court marriage should not be having a living spouse. The couple can proceed with the court marriage if either of the parties is a divorcee or widow/er.
The parties should have given their free consent to the marriage, which means that neither of the parties should be suffering from unsound mind or any other similar mental problem
The legal age of marriage in India for the groom is 21 years old while the bride should be above 18 years of age
The parties shall not fall within the degrees of prohibited relationship as provided by the law, except their custom allows so.

Documents required-

marriage application shall be duly filled and signed by both parties
residential address proof of the bride and the groom
Receipt for the fees paid
copy of divorce decree or death certificate in case either of the parties is a divorcee or a widow/er respectively
passport size photograph of the bride and groom
Age proof of the parties
Affidavit executed by the parties attesting that they do not meet the requirements for an illegal connection

Procedure for court marriage

Notice- A notice has to be submitted before the marriage officer under whose jurisdiction either of the parties has been staying for a minimum period of 30 days. Afterwards the notice will be published by the marriage officer so that it is clearly visible to the public.
Objection to the marriage- an objection to the notice for court marriage should be raised within a period of 30 days from the day the it was published, based on the grounds provided by the Act.
Declaration by parties and the witnesses- before the marriage is solemnised, the court marriage application form is required to be signed by the couple, in the presence of witnesses, declaring their intention to marry.
Marriage certificate- after the procedure for marriage has taken place, according to the rules and regulations of the Special Marriage Act, the details of the parties will be added in the marriage register by the marriage registrar and a marriage certificate will be issued to the court married couple. This court marriage certificate serves as evidence of the spouses' legal marriage.

Fees for Court Marriage

As has already been discussed the parties will have to pay the court marriage fee to the office of the marriage officer. The court marriage fee varies from state to state. In general, the court marriage fees range between Rs.500 to Rs.1,000.

In order to seek legal advice for court marriage procedure, you may contact an experienced advocate in your city. Lead India offers you a wide pool of experience advocates who have been assisting the couples who are interested in having their marriages solemnised through the process of Court. If you wish to seek free legal advice online or ask a legal question, you may contact us.

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