Weddings in India are celebrated with pomp and grandeur - however, thanks to the pandemic, we have now shifted to Intimate style weddings, where they take place at a small scale. And we know no one is enjoying the fact that you have to celebrate your BIG DAY on a low scale because of the covid restrictions. And even after 2 years, with the restrictions still being in place, if you are planning to get hitched in an intimate setting or a court, we have something for you that you’ll surely love.
From documents you need to the process to register for the marriage, here's everything you need to know about Court Marriage in India. We know it may not be your first choice, but if you are getting married in this way, you might as well know everything about it.
Your Guide To Court Marriage In India
Marriage Act Of 1954
First and foremost, you know that when it comes to court marriages in India, they come under the Special Marriage Act, 1954. This marriage act overlooks caste, religion, and creed and lets people marry each other willingly. For the wedding to take place in the court, there should be a Marriage officer and two or more witnesses with the couple. And when it comes to documents and requirements, you and your partner need to have all the documents in place that identify your age, marital status (single), and consent. If you are hitched to someone else, you cannot marry other people unless your ex-partner is dead or formally divorced.
Besides all this, the marriage should take place keeping both the parties consent in mind. No one person should be forced to make the decision - they don't have to. So you and your partner need to be fully ready for the court marriage, and one cannot force the other to do so without their will.
Documents Needed For Court Marriage
When it comes to the court marriage, as a couple, you will need some documents in place for this kind of wedding. As a couple, you should fill out a marriage application form that's available online here. The document needs to have the signature of both bride and groom. And once you fill the form online, you need to keep the receipt of the fee you paid.
Other than this, you must have a Birth Certificate to clarify your age, Aadhar Card or Voter ID, and other documents stating your residential address, an affidavit, and two-three passport size pictures. In case you are marrying a divorcee or a widower/widow, you need documents like a death certificate and divorce paper for the same. So these are the documents that you will need for the wedding. However, witnesses are a must for court marriages in India. They will also need to produce their passport-size photo, PAN card, and proof of identification, like their Driving license or Aadhar Card.
Legal Requirement For The Wedding
There are certain things that the bride and groom need to consider before getting married in a court of law. You need to make a notice of marriage at your district's marriage registrar's office. The groom should be above 21 years of age, and the bride should be above 18 years. The consent of both parties is a must, and they should be in a sound state while applying for the marriage. The couple should have lived at least 30-days in the city where they are applying for the marriage. The couple getting hitched shouldn't be related to each other in some other way.
Process To Follow For The Court Marriage
- Notice of intended marriage: 30 days before you intend to get married, one person from the couple should intimate the court by giving notice (in a prescribed format) to the Marriage Registrar of the district you are living in.
- Publishing Notice Should Be At The Marriage Officer's Office: The marriage office should publish the notice for your marriage date in a visible place. The officer has to keep all the copies of the notice in the Marriage Notice Book.
- Objection Period If Anyone: Once the marriage office raises a 30-day notice period, if you or your partner object to the wedding, you can raise your voice against it during that period. If you object, it will be recorded by the Marriage Officer in the Marriage Notice Book. And if the Marriage officer finds the raised objection valid and sensible, the wedding registration process will be terminated. If not, the process will continue after the 30 days is over.
- Declaration: Before having the court marriage, couples and their three witnesses should sign the court marriage application declaring their consent for the wedding.
- Solemnization of marriage: By now, you are almost done with the process. Now you have to perform the marriage at the office of the Marriage Officer or at any other place where the couple feels more comfortable. However, if you choose the latter option, it not only has an additional feel involved, but you need to ensure that the marriage officer is present when you sign the documents.
- Getting The Marriage Certificate: Once you sign the required documents, your court marriage will be registered in the court of law, and the marriage registrar will enter all the necessary details in this register and issue the marriage certificate to the couple. This court marriage certificate is proof of marriage between the couple, and once done, you cannot undo it.
So dear couples, if you are planning to get hitched in a Court Marriage setting, we are sure this guide will be useful to you. Don’t forget to save it and thank us later for it.