Court marriages in India, unlike marriages according to one’s customs, are done according to the provisions of Special Marriage Act, 1954. According to the Act, marriage could be solemnised in the court or in the presence of the marriage officer and three witnesses.

Who is eligible ?

Two persons, of different genders, belonging to different castes, religions, places etc. could marry through the Court.

There are various conditions which are required to be fulfilled for two persons to register for court marriage-

• There must be no pre-existing marriage, even if there was, there shall be no living spouse, i.e.the person applying for court marriage, if was married earlier then at the time of court marriage must be either a divorcee or a widower/widow.
• The male must be at least 21 years old, while the girl must be at least 18 years old.
• The parties filing for court marriage must not fall within the degrees of prohibited relationship. Provided that the customs governing either of the parties allows so.

Documents required

• Application form must be filled and signed by the parties
• Receipt of the fees paid for the application form must also be attached
• Documents proving the date of birth of both the parties.
• Documentary evidence proving that either of the parties have been staying in the area under the jurisdiction of the marriage officer for a period not less than 30 days before applying for the court marriage.
• Affidavits from both parties regarding their- 
  1. Date of birth 
  2. Present marital status i.e. if they are unmarried, divorcee or widow/er
  3. Affirmation from the parties that they are not within the degrees of prohibited relationship as per the Act.
• Passport size photos of the parties duly attested by a gazetted officer.

Procedure for the Court Marriage

As has been provided under Chapter II titled as “solemnization of special marriages”, the court marriage procedure could be understood as-

Notice for the intended marriage

• Provided under Section 5 of the Act, a notice is given to the marriage officer. The parties are required to provide the notice in writing and in the form prescribed in the Second Schedule to the Marriage officer.
• The marriage officer so mentioned, should have jurisdiction over the area where at least one of the parties to the marriage have resided for a period not than 1 month. 

Publication

• The Marriage officer would then publish the notice in some inconspicuous part of his office.
• All true copies of the notices are required to be kept in the Marriage Notice Book.
• In case the parties do not reside in the area of the officer then he shall send the copies of the notice to be published in the office of the marriage officer under whose jurisdiction either of parties to the marriage have been staying for a period not less than 30 days.

Objection 

• Provided under Section 7 of the Act, any person can raise an objection to the notice of marriage published in the office of the registrar. The objection must be raised on the grounds mentioned in Section 7  of the Act.
• Such objection should be raised within a period of 30 days of the publication of the notice of marriage
• The objection raised would then be recorded in the Marriage Notice Book by the Marriage Registrar.
• Provided under Section 8 of the Act of 1954, the marriage officer has a period of 30 days to enquire about the validity of such objections raised.
• The marriage would be solemnised if such objection was not found to be  valid.
• However, in case the objection raised was found valid by the Marriage officer then the marriage won’t be solemnised in the court, however the matter could be taken into appeal before the District Court by the parties concerned.

Place of solemnisation

• As mentioned under Section 12, could marriage could be solemnised at the office of the Marriage officer or at a place within a reasonable distance.
• Marriage shall be valid only if both parties in the presence of the marriage officer affirm that they are ready to get married to the other party and also three witnesses are present.

Certificate of marriage

• The marriage certificate issued must contain the name of the parties, witnesses, and the marriage officer as well as their signatures, including the date of marriage.

If a notice is sent at home during the procedure of court marriage ?

• A notice is sent to the address registered informing the couple of the same, while in some states it is not necessary. But, if there is suspicion, the registrar will have the  right to send a notice in order to ensure validity of the details given to them by the couple.
• Although a general notice will be pasted on notice board of the marriage registrar office.
• In Delhi,  as per the new guidelines, if a notice for marriage under the Special Marriage Act,1954 is submitted to the Marriage Officer, no copy of such notice shall be sent to the parents of the parties.

Conclusion

As can be understood from the above discussion, court marriage process requires a number of documents to be submitted as well as various other procedures are to be followed, also it is not necessary that a court marriage notice would be sent to the home address of the parties to the court marriage. In case you have some doubt about the matter related to notice or do not wish to send a notice to your house, it is advised that you seek legal guidance from experienced Court Marriage Lawyers in Mumbai or Court Marriage Lawyers in Noida or in your city.  

In case you wish to seek legal guidance or further information on the procedure for the court marriage or wish to talk to a lawyer or seek free legal advice for any matter related tot he civil or criminal, you may contact us at Lead India Law.