The court marriage process is a legally recognised way for couples to get married in India without performing religious ceremonies. Governed by the Special Marriage Act, 1954 (‘Act’), it allows couples from different castes, religions, or nationalities to marry lawfully by following a uniform procedure prescribed by law.

Key Highlights

• Requires a mandatory 30-day public notice period.
• Marriage is solemnised before a Marriage Officer and three witnesses.
• Marriage certificate issued is valid legal proof nationwide.

What is Court Marriage?

A court marriage is a marriage that takes place in the marriage office or the Sub-Registrar's office. The court marriage is done as per the procedure laid down in the Act and the process is same across all states in India. 

• The bride and the bridegroom can directly submit a court marriage application to the marriage officer to get their marriage certificate.
• The couples can approach the court and get married in the presence of a marriage officer and three witnesses. 
• The marriage officer is usually the Sub-Registrar appointed under the Act.  
• The court marriage can be registered in the office of the marriage officer in whose area/jurisdiction the bride or bridegroom resides.

The marriage officer performs the marriage without discrimination based on caste, creed or religion. It is a valid marriage done according to the law. 

Eligibility for Court Marriage

The marriage officer can solemnise or legalise a court marriage between the bride and the bridegroom under the Act if the following conditions are fulfilled at the time of marriage:

• The bride and the bridegroom do not have a living spouse
• The bride and the bridegroom: 
  • are capable of giving valid consent to the marriage and has a sound mind
  • though capable of giving valid consent, are not suffering from a mental disorder of such a kind or such an extent which makes him/her unfit for marriage and procreation of children
  • are not subjected to recurrent attacks of insanity 
• The bridegroom has completed 21 years, and the bride has completed 18 years
• The bride and the bridegroom are not within the degrees of a prohibited relationship 

Documents Required for Court Marriage in India

The documents required to be submitted by the couple along with the court marriage application are as follows:

• Separate affidavits from the bride and bridegroom containing the following details:
  • Date of birth
  • Marital status – widower/unmarried/divorcee
  • Affirmation that the couple are not related to one another within the degree of prohibited relationship
• Passport-size photos of the bride and bridegroom
• ID and residential proof of the bride and bridegroom 
• Proof of date of birth of the bride and bridegroom 
• Copy of the notice of the intended marriage signed by the couple
• Copy of divorce order, in the case of a divorcee and death certificate of a spouse, in case of a widower/widow

The documents required to be submitted by all the witnesses are as follows:

• Passport size photo
• Copy of address proof
• Copy of identity proof

Procedure for Court Marriage in India

The court marriage process follows a step-by-step legal procedure laid down under the Special Marriage Act. The steps are explained below.

Step 1: Notice of marriage

• The parties (bride and the bridegroom) must give the court marriage application form, i.e. notice of the intended marriage, to the marriage officer. 
• The notice of the intended marriage should be given as prescribed in the second schedule of the Act before 30 days of the intended marriage date. 
• It should be given to the marriage officer in whose area either party to the marriage has continuously lived for 30 days or more.

Step 2: Publication of the notice

• The marriage officer will publish the notice of the intended marriage submitted by the parties by affixing it in a conspicuous place in the office of the marriage officer. 
• After it is published, any person can object to the marriage within 30 days of its publication. 
• If there is no objection, the marriage officer will perform the marriage after the expiry of 30 days of the notice publication.

Step 3: Objection to marriage, if any

• Anybody can object to the court marriage within 30 days of the publication of the notice of the intended marriage. 
• A person can submit an objection for marriage to the marriage officer on the grounds that the marriage violates any conditions required for the court marriage. However, the objection to the marriage should be on a legal basis and not on a personal basis. 
• The marriage officer must enquire about the objection within 30 days of the receipt of the objection. After enquiring about the objection, the marriage officer can solemnise the marriage when it does not violate any conditions for marriage.

Step 4: Declaration by parties and witnesses

• When there is no objection to the marriage or the marriage officer dismisses the objection, the parties must appear before the marriage officer and submit a declaration. 
• The parties to the marriage and three witnesses are required to submit the declaration as prescribed in the third schedule of the Act in the presence of the marriage officer. 
• The marriage officer will also countersign the declaration. 

Step 5: Place of marriage

• The marriage can take place at the office of the marriage officer or another place within a reasonable distance which the parties choose. 
• If the parties select another place to solemnise the marriage, they must pay the additional fees as prescribed. 
• The marriage can be solemnised in any form the parties choose to adopt.

Step 6: Certificate of marriage

• The marriage officer will give the marriage certificate after solemnising the marriage. 
• Both the parties to the marriage and three witnesses must sign the marriage certificate. 
• The marriage certificate is conclusive evidence of the marriage. 
• The marriage officer will enter the details of the marriage in the marriage certificate book. 

Court Marriage Fee

The parties should pay the court marriage fee to the office of the marriage officer. The court marriage fee differs from state to state. Generally, court marriage fees range between ₹500 to ₹1,000. 

The court marriage fees, include the application form fee ranging from ₹100 to ₹150, the court stamp fees and the charges for photocopies of documents, affidavits, and any other incidental expenses.

For example, in Bangalore, the marriage officer charges the following fees to be paid by the parties:

• Application for the registration of a marriage - ₹3
• Recording an objection - ₹2
• Every enquiry into an objection - ₹50
• Registering a marriage - ₹10 

Apart from the charges to be paid to the marriage officer, the parties must also pay for the required stamp fees, charges for photocopies of documents, charges for making an affidavit, other incidental expenses and legal fees if they hire a legal practitioner.

Advantages of Court Marriage

Court marriage offers several legal and practical benefits.

• Simple and cost-effective procedure.
• No requirement for religious rituals.
• Ensures mutual consent of both parties.
• Provides nationwide legal recognition.

The court marriage process across India provides a straightforward legal route for couples seeking a valid marriage without traditional ceremonies. Understanding the court marriage process, eligibility conditions, documents required, and fees helps ensure compliance with the law and timely issuance of a legally binding marriage certificate.

Other Article:
1. Court Marriage Application Form in India
2. Hindu Marriage Act, 1955: Chapters, Key Sections, Rights & Rules