Article published by : Atul Sharma on Monday, September 24, 2018 - Viewed 551 times


Category : Legal

A Brief Overview Of Indian Court Marriages

India is known as the land of diversity, and therefore all important events celebrated here are packed with lots of customs and traditions. Indian weddings are one such example of impressive manifestation.

Although with the evolving time, the trend of court marriages has increased among Indian couples. Court marriages in India are different than the traditional marriages, as they take place in court in the presence of close family members and friends. All individuals, irrespective of their caste, creed, nationality, and religion, can apply for court marriage. No customary celebrations or rituals are required in this type of marriage.

In India, couples opt for court marriages due to many reasons, but the most common includes marrying against the wishes of families. The only conditions to perform court marriages are:

1.The age limit for bride is 18 years and groom is 21 years.

2.Neither of the party should be married at the time of court marriage.

3.The marriage should be consensual.

4.They must not be into the degree of prohibited relationships.

The documents required for court marriage registration procedure are as follows:

1.A duly filled application form signed by both bride and groom.

2.A receipt of paid fees for the application form.

3.Documents showing date of birth of both bride and groom (passport, matriculation certificate, or birth certificate).

4.Documents showing current residential address of both the partners (ration card, electricity bill, passport etc.).

5.A separate affidavit of both bride and groom.

Procedure of Court Marriages in India

The court marriages in India are registered under the Special Marriage Act, 1954. It allows two individuals (of different genders) to solemnize marriage, irrespective of the religion, nationality, or caste. Now let’s discuss the court marriage procedure in India in detail.

•Notice of Intended Marriages

The first step for performing court marriages in India includes giving a notice to the marriage officer/ marriage registrar of the area where either of the partners is residing, under Section 5 of the Special Marriage Act. Make sure that one of the parties has resided in that particular area for at least 30 days.

•Publication of the Marriage Notice

The submitted marriage notice will later be published by the marriage registrar at all the perceptible places in his/ her office to invite public objection. This notice will last for 30 days from the date of publication. Any known or unknown person can raise objection to the marriage within these 30 days, as per the Section 4 of the Special Marriage Act. The marriage cannot be solemnized if any valid objection is received. Although, the wedding parties holds the right to file an appeal regarding the same within the district court of that particular.

•Solemnization of the Marriage

In case the marriage notice receives no objection, then both parties can solemnize their wedding on the provided date. The couples are required to present at least 3 witnesses along with them at the registrar office.

•Issuance of Marriage Certificate

After the solemnization of the marriage, the marriage registrar then prepare a marriage certificate which act as an evidence of their court marriage. This certificate is then signed by both the parties, three witnesses, and the marriage registrar.

Marriages in India

Marriages are the most extensive personal rituals or events in the Indian society. Usually, the families of both bride and groom spent a fortune in weddings. One can easily notice the cultural, religious, and traditional differences in marriages performed in different states of India.

Marriages are considered an affair of lifetime and that is why they are celebrated with utmost care and dedication. However, the concept of love marriage is still not easily accepted by parents in India, due to which the number of youth performing court marriages and Arya Samaj marriages has been increased. These marriages not only provide couples a chance to perform their marriage as per their wish, but they are also legally accepted in India.


Keywords: court marriage procedure in India, Arya Samaj marriages

By: Atul Sharma

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