Court marriage is the marriage solemnisation of a man and a woman who are of marriageable age irrespective of caste, creed, religion and takes place in court in the presence of a Marriage Officer as well as three witnesses. Witnesses can be a family member, friend or a colleague and there should be three witnesses wherein each witness need a passport size photograph, residential proof, identification proof and PAN Card to be shown to the Marriage Officer. This governed by the Special Marriage Act, 1954. This makes it different from a big Indian wedding with many traditions and customs.
What Are The Conditions?
There are certain requirements in this marriage which are as provided in the Special Marriage Act. But then, it is not compulsory that both parties to a court marriage have to be Indian. It can happen between an Indian and a foreign national, also the parties can be of different religion.
The only requirement is the fulfilment of the given conditions before the process of court marriage as provided in the Act. The pre-requisites are that each of the parties to the court marriage must have no pre-existing marriage, the court marriage is with the free will of the parties, they should be of marriageable age and no prohibited degrees of relationship with7 certain exceptions.
What Are The Documents Required?
The required documents are :
- Application for marriage to be filled as well as signed by the would-be bride and would-be groom.
- The above application should have the fees receipt accompanying it. Fees generally range between Rs 500/- to Rs 1000/- but depends from state to state.
- Evidence in the form of documents for date of birth of both the would-be bride and would-be groom.
- Evidence in the form of documents for proof of residential address.
- The would-be bride and would-be groom have to file affidavits separately containing their date of birth, current marital status, their statement confirming that they do not come under prohibited degrees of relationships as given in the Act, two passport size photographs of each, the decree of divorce copy if divorced or death certificate of spouse if widow or widower.
In case, one of them is a foreign national then :
- Should have copy of the passport as well as of the visa.
- Should have the present marital status certificate or No Objection Certificate from the respective embassy.
- Either of the parties needs to give proof of residential address or evidence in the form of documents related to their stay in India for a period of 30 days or more.
- The ‘ Notice of Intended Marriage’ to be filed in the mentioned form to the Marriage Registrar of that district and either of the parties should reside in India for not less than a period of 30 days or more prior to sending the notice.
- This notice is published by Marriage Registrar, thus inviting objections in case there is any.
- If not objected by any, then after 30 days have gotten over from the date of publishing notice, the marriage is solemnized.
- Solemnization of marriage may take place in the mentioned marriage office.
- On the day of registration or marriage solemnisation, both the bride and groom with the three witnesses are required to be present in the office. For more details, do contact Lawyers in India.