The Procedure of Court Marriage in India

The Procedure of Court Marriage in India

The Court Marriages takes place under the Special Marriage Act, 1954. Court marriage can be performed between a Indian male and a female irrespective of their religions, caste or creed. It has also taken the marriage of a foreigner and an Indian, under its umbrella. The parties can directly apply to the registrar for the purpose of solemnisation of marriage, its registration as well acquiring certificate of marriage.
Essentials conditions for Court Marriage:

  • There should not be any existing marriage of any of the two
  • They should have attained majority i.e., the girl must be above the age of 18 years and the boy must be at least of 21 years of age.
  • The parties must not fall under the degree of prohibited relationship
  • Both the parties must be of sound mind

Procedure of Court Marriage when both the parties are Hindu

  • The parties have to file an application with the Registrar of Marriage of the District where either of the two has resided for a period of 30 days prior to marriage
  • The Notice must be published by the Registrar inviting objections to marriage, if any
  • After the expiry of 30 days, since the notice was published the marriage must be solemnised unless it has been objected by any person.
  • Both parties along with three witnesses must be present on the date of solemnisation of marriage

Similar procedure is to be followed in cases where the both the parties are from different religions.

Court Marriage of a Hindu and a Foreign National:
A marriage in which at least one of the parties is an Indian national can be solemnised under the Special Marriage Act, in India before a Marriage Registrar or a Marriage Officer of foreign country.

Procedure to be followed:

  • The parties have to file an application with the Registrar of Marriage of the District where either of the two has resided for a period of 30 days prior to marriage
  • The Notice must be published by the Registrar inviting objections to marriage, if any
  • After the expiry of 30 days, since the notice was published the marriage must be solemnised unless it has been objected by any person.
  • Both parties along with three witnesses must be present on the date of solemnisation of marriage
  • All the documents required must be verified at the Office of Registrar
  • The law of other Nation shall not be in conflict with the Indian Laws



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