Do You Know the Difference Between Court Marriage And Marriage Registration In India?

Lawyers Updated on Jan 21, 2022

court marriage law

What is Court Marriage:

Court marriage is the legal way to get married for a couple. It is performed under the Special Marriage Act, 1954. Any two people, who are eligible according to the Indian law (Male 21 and Female 18) can marry each other in the court itself. Moreover, a marriage officer and three witnesses are required to perform it. Court marriage in Delhi is the simple and legal process to tie a knot, as no traditional Indian rituals are followed in it. The only thing which matters in court marriage is that it should justify all the rules and regulations of the Special Marriage Act, 1954.

If any two people from the same religion, caste or even from the different castes want to get married, they can apply for court marriage. After completing marriage, they can ask for a marriage certificate from the court. Consequently, it is a legal document that shows he/she is married according to Indian law. For court marriage, it’s not compulsory for both parties to be the Indian citizen, it can be solemnized between an Indian and a foreigner.

Important Aspects Related to the Court Marriage in India

• No pre-existing marriage – No parties should be involved in any marriage before, however, if he/she does, the divorce decree is required for court marriage
• Age – According to the Indian law, Male 21 and female 18 is the legal age for getting married. If both are under age court will not allow them for marriage.
• Valid Consent – The parties must not be inapt of giving valid consent due to the unsoundness of mind.

Documents required for the court marriage-

• Application form duly signed and date of birth proof of both parties.
• Residential address proof of both parties.
• Fees receipt which is paid with the application form.
• 2 passport size photographs of the duo.
• Copy of divorce decree if divorcee and death certificate of a partner in case of a widow or widower.
• Need of an affidavit from both parties. It should be filled with the following information-

1. Date of birth
2. Marital Status (unmarried, divorced or widowed)
3. An affirmation confirming that both the parties are not related to each other under any kind of forbidden degree of relationships.

Marriage Registration

The marriage registration certificate is legal and a valid document which shows the marital status of a couple. In India, a marriage can be registered under Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. Hindu Marriage Act is applicable only for Hindus whereas Special Marriage act is for all citizens of India irrespective of their religions. In 2006, the Supreme Court of India made it compulsory for a couple to register regardless of the religion they belong to. Moreover, it is a beneficial and legal proof in case of any mishap in future regarding your marriage.

The Needs for Marriage Registration:

• It is a valuable document of marriage under the law of Nation
• It provides social security and validation of marriage.
• Helpful in getting Passport/Visa.

Necessary Documents for Marriage Registration

• Marriage Certificate
• Address and identity proofs
• Age Proof of both couples