Court marriages are different from traditional Indian marriages. Court marriage belongs to the category of civil marriages and can be done between any two people irrespective of their religion, tradition, customs of belief as long as both have mutual consent to get hitched.
Here is the complete guide for those who are intended to tie a knot through civil (court) marriage.
Important points you need to know:
The court marriage cannot be registered online, and both parties along with witnesses should be present at the marriage registrar’s office.
As long as you can provide the required documents as well as satisfy all legal conditions, you don’t need approval from your parents for court marriage.
For clearing your doubts regarding the court marriage process you can reach the Delhi lawyers. Here are the steps to how you can register your court marriage in India.
Eligibility For Court Marriage in Delhi
First, you need to understand the court marriage rules and conditions that are determined by the government:
No existing marriage: None of the parties should have a valid marriage.
Consent of both: the mutual consent of both parties is necessary for the solemnization of court marriage.
Valid age: the male partner should be above 21 and the female should be more than 18 years.
Ability to procreate: Both the parties should be for to procreate children.
Prohibited relationship: The marriage should not belong to the “degree of prohibited relationship”. But if the religion or custom has the tradition, it would be permitted.
Citizenship: At least one person (either bride or groom) should be a citizen of India.
Jurisdiction: The marriage should be solemnized under the territorial jurisdiction of the NCT of Delhi.
Witnesses: To solemnize a court marriage, both bride and groom should appear before the court along with witnesses who must have their ID proofs and should be permanent residents of Delhi.
Documents Required For the Court Marriage in Delhi
For Bride and Groom
Age Proof: Birth Certificate or Class 10th Marksheet, Aadhaar Card, Passport, Nursing home/Hospital Report/Vaccination card, Driving License, SSC from the recognized board by GoI, CMO / Doctor Report, Certificate from School signed by Principal on School’s LetterHead.
Identity Proof: Aadhaar Card, PAN Card, Ration Card With Photo, Voter ID card, Passport, Driving License, Any Govt. recognized document
Residence Proof: Aadhaar Card, Passport, Bank Passbook, Gas Bill, Telephone Bill(Landline or Postpaid, Ration Card, Voter ID Card, Electricity Bill, Driving License, Rent Agreement(Registered), Water Bill, Any Govt. recognized document.
Divorce decree/order if any of the spouses is Divorced
Death Certificate of spouse if any of the spouses is Widower/widow).
Certificate from the concerned Embassy if any of the spouses is foreign nationality.
Affidavit that is notarized and on Rs. 10/- Non-judicial e-stamp paper according to the prescribed format in Annexure I.
6-6 passport size Photographs of both bride and groom. It must follow the prescribed format. The photographs must follow these criteria:
It must include a full face, front view, and open eyes.
It must be of the full head from the top of hair to shoulder.
It must have a plain white or off-white background.
It must not have shadows on the face or background.
It must have a natural expression (closed mouth).
It must not include sunglasses or hats.
For Witnesses
Photographs: 3-3 Passport size photos
PAN Card
Identity Proof Such as Adhar Card/ Driving License/Voter ID
What is the Procedure for Court Marriage in Delhi
Here is the complete procedure for court marriage. Check the steps for the solemnization of court marriage:
Step 1: Apply for the marriage:
One must provide the application or notice to the court for the intended marriage. The notice/application should be given by both parties.
It is important to provide the application before the 30 days of conduction of marriage. Also, one party must have stayed for 30 days in the state before the proposed date of marriage.
The notice format along with the documents mentioned in the scheduled II of the act such as age or residence proof.
NOTICE OF INTENDED MARRIAGE
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NOTICE OF INTENDED MARRIAGE
Dated__________
To,
Name______
Address____________
Subject: To the Marriage Officer of the __________ District.
We hereby give you notice that a marriage under the Special Marriage Act, 1954, is intended to be solemnized between us within three calendar months from the date hereof.
Length of residence: _______________________________________
Permanent place of residence: _____________________________________________________
Groom’s Name (Choose One):
1. Unmarried
2. Widower
3. Divorcee
Bride’s Name (Choose One):
1. Unmarried
2. Widower
3. Divorcee
Witness our hands this ____________ day of 20__
(Signed) Groom
(Signed) Bride
Step 2: Publication of Notice:
The notice is the publication is announced by the authorities to whom the notice has been served. One notice for marriage is published at the office of the district registrar and the other is at the place of marriage.
Step 3: Objection to marriage
Any person can raise an objection to the marriage. If the object has any valid ground, the marriage can be canceled but if there is no relevance to any of the factors related to court marriage laws, the objection will have no consequences.
The objectionable cases are raised to the district court and an officer is allotted to take care of the matter. The marriage officer must give the final verdict within 30 days.
Step 4: Declaration signing:
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A declaration has to be signed by three witnesses, both parties, and countersigned by the marriage officer in the below-given format.
I, Name Here, hereby declare as follows:
1. I am, at the present time, ________ (unmarried, widower or divorcee, as the case may be).
2. I have completed ___ years of age.
3. I am not related to _____, the bridegroom, within the degrees of prohibited relationship.
4. I am aware that if any statement in this declaration is false and if in making such statement I either know or believe it to be false or do not believe it to be true, I am liable to imprisonment and also to a fine.
Signed
___________
Signed in our presence by the above-named Groom Name and Bride Name. So far as we are aware, there is no lawful impediment to marriage.
(Signed Witness 1)
(Signed Witness 2)
(Signed Witness 3)
(Countersigned Marriage Officer)
Dated: The ______ day of ______ 20__
Step 5: Place of marriage
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The marriage can take place at the office of the registrar or any of the places within the reachable distance. Both parties have to say in front of the marriage officer that;
“I, _______, take thee, ________, to be my lawful wife/husband.”
Step 6: Certificate of marriage:
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Once the court marriage is solemnized in the presence of a marriage officer, a certificate for the marriage registration is issued on the name of the bride and groom in the below-given format
I, Marriage Officer, hereby certify that on the ___ day of ____ 20__, groom and bride appeared before me and that each of them, in my presence and in the presence of three witnesses who have signed hereunder, made the declarations required by Section 11 and that a marriage under this Act was solemnized between them in my presence.
(Signed),
Marriage Officer for __________ District
(Signed Groom)
Signed Bride)
These are the complete details of how court marriage can be solemnized in India. If you are looking for legal advice or assistance to get married under the special marriage act 1954, Delhi lawyers can be your best assistant as well as a companion.
How Much Time is Taken or Required For the Entire Court Marriage Process
The time is taken in the entire court marriage process in Delhi is 30-60 days. Once the notice of intention is publicized in the registrar’s office, 30 days are given for an objection to be raised against the solemnization of marriage. If any objection is recorded and reported by the Marriage Officer, 30 more days are given to enquire about the objection.
Important Note: If the couple doesn’t solemnize the marriage within the 90 days span after the notice is released, a fresh notice has to be given to the Marriage Officer.
Court marriage procedure is not a cakewalk as there are several aspects to take care of. Thus, it is required to hire a specialized attorney to perform your court marriage successfully. We at Delhi lawyers have a team of lawyers who help you perform and complete the entire court marriage process without encountering any hurdle. Henceforth, for a smooth and hassle-free court marriage in Delhi, get in touch with the experts of Delhi-lawyers.
