In India Court marriage is ruled by “The Special Marriage Act, 1954“, which is common throughout the country. Court marriage can be solemnized between an Indian male and a female or an Indian and a foreigner irrespective of their caste, creed or religion. The procedure of Court marriages does away with the customs and ceremonies of traditional marriages. The interested parties can apply to the Marriage Registrar to get the marriage certificate.
Court Marriage Procedures to get the Marriage Certificate
The first step of court marriage is to file a notice of intended marriage in the specified court marriage application form (as mentioned in Schedule II of the Special Marriage Act, 1954) to the district’s Marriage Registrar. It is mandatory to submit the form 30 days before the proposed date of marriage to the district’s Marriage Registrar where either of the partners lives.
The district’s Marriage Registrar then published or displayed the notice in a prominent place of the office. The notice displays for 30 days inviting any objection to the marriage. Section 7 of the Special Marriage Act states that any person can object to the marriage intended to raise within 30 days from the notice’s publication. If there is no objection, then the marriage may be solemnized as per the existing law of marriage.
The marriage may be solemnized at the registrar office or any specified location preferably nearby the registrar office (mentioned in Section 12 of the Special Marriage Act). On the marriage day, the bride, groom and three other witnesses have to sign a declaration form in the marriage registrar’s presence to ensure that the parties are proceeding with the court marriage, with their consent.
As per provisions mentioned in Schedule IV of the Special Marriage Act, if all the formalities are completed, the marriage registrar defines the court marriage’s details in the court marriage certificate. Generally, the court marriage certificate is issued within 15 to 30 days.
Court Marriage fees for Registration
The court marriage registration fees may vary from one state to another.
You have to pay Rs. 100 in case the marriage is under the Hindu Marriage Act.
You have to pay Rs. 150 in case the marriage is under the Special Marriage Act.
Besides, you may also pay fees to the court marriage lawyer.
Documents required for Court Marriage in India
# Application form duly completed in all respect and signed by the groom and bride need to be submitted.
# Both parties need to provide documentary proof of the date of birth. They can give a matriculation certificate/ passport/ birth certificate as the date of birth proof.
# Receipt of fees paid concerning the application form in the District Court needs to be attached.
# Documentary evidence regarding stay in the area of one of the parties for more than 30 days (ration card or report from the concerned Station House Officer).
# Separate affidavits from bride and groom, mentioning birthdate, present marital status (unmarried/widower/ divorcee).
# Passport size photographs of both parties (2 copies each).
# A declaration that the individuals are not related to each other within the degree of prohibited relationship as defined in the Special Marriage Act, 1954.
# A copy of divorce decree/order in case of a divorcee and death certificate of spouse in widow/widower.
Documents required for marriage with foreign nationals
1. A copy of passport and visa of the foreign national.
2. No Objection certificate or marital status certificate from the respective embassy.
3. Need to produce documentary evidence regarding stay in India for 30 or more days (proof of residence or report from the concerned SHO) by one of the parties.