Procedure of Court Marriage in India is provided in Chapter II under sections 4 to 14 of the Special Marriage Act, 1954 and the court marriage procedure is the same across the nation.

Court marriage process has been provided under sections 4 to 14 of the said Act. The court marriage can be solemnised without any discrimination based on caste, colour, creed, race or religion. For example, two different persons from different religions can perform their marriage before the Marriage Registrar/Court with three witnesses

The benefits of court marriage performed before the Marriage Officer/Registrar is they can directly apply to the marriage registrar which is established in each district and they can get a Court Marriage Certificate as early as they solemnize their marriage.

 
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What is the Procedure of Court Marriage in India?

What is the Procedure of Court Marriage in India?

What is the procedure of Court Marriage in India? and How to get married in court? These are the questions everyone gets. So, the court marriage in India is very simple and can be performed between any different cast and religion in the presence of three witnesses before the Marriage Registrar/Officer.

How to do a court marriage? This is the question everyone gets who was thinking of performing a marriage in court. So, let’s see the complete procedure of court marriage in India.

Procedure for court marriage in India is provided under sections 4 to 14 of the Special Marriage Act, 1954. Let’s see the complete steps in the procedure of court marriage and court marriage rules in India.

Eligibility of Parties

The first and essential step for court marriage is to check if the parties who intended to marry each other are truly eligible for the marriage. The person is not eligible for marriage when the person does not fulfil the following conditions:

  1. The female must be completed 18 years of age and the male must be completed 21 years of age at the time of solemnization of their marriage. This is the court marriage age.
  2. The person should not be in the consequence of unsoundness of mind while giving consent to the marriage.
  3. The person is should not suffer from a mental disorder while giving consent to the marriage and at the time of solemnization of marriage.
  4. The bride should not be unfit to procreate children.
  5. The person should not be subject to recurrent attacks of insanity or epilepsy.
  6. The parties willing to marriage should not come within the degrees of the prohibited relationship as provided under Schedule I of the Special Marriage Act, 1954.

The prohibited degrees are provided in Schedule I of the Special Marriage Act, 1954.

PART I

1. Mother.
2. Father’s widow (step-mother).
3. Mother’s mother.
4. Mother’s father’s widow (step-grandmother).
5. Mother’s mother’s mother.
6. Mother’s mother’s father’s widow (step great grandmother).
7. Mother’s father’s mother.
8. Mother’s father’s father’s widow (step great grandmother).
9. Father’s mother.
10. Father’s father’s widow (step-grandmother).
11. Father’s mother’s mother.
12. Father’s mother’s father’s widow (step great grandmother).
13. Father’s father’s mother.
14. Father’s father’s father’s widow (step great grandmother).
15. Daughter.
16. Son’s widow.
17. Daughter’s daughter.
18. Daughter’s son’s widow.
19. Son’s daughter.
20. Son’s son’s widow.
21. Daughter’s daughter’s daughter.
22. Daughter’s daughter’s son’s widow.
23. Daughter’s son’s daughter.
24. Daughter’s son’s son’s widow.
25. Son’s daughter’s daughter.
26. Son’s daughter’s son’s widow.
27. Son’s son’s daughter.
28. Son’s son’s son’s widow.
29. Sister.
30. Sister’s daughter.
31. Brother’s daughter.
32. Mother’s sister.
33. Father’s sister.
34. Father’s brother’s daughter.
35. Father’s sister’s daughter.
36. Mother’s sister’s daughter.
37. Mother’s brother’s daughter.

Explanation.―For the purposes of this Part, the expression “widow” includes a divorced wife.

PART II

1. Father.
2. Mother’s husband (step-father).
3. Father’s father.
4. Father’s mother’s husband (step grand-father).
5. Father’s father’s father.
6. Father’s father’s mother’s husband (step great grand-father).
7. Father’s mother’s father.
8. Father’s mother’s mother’s husband (step great grand-father).
9. Mother’s father.
10. Mother’s mother’s husband (step grand-father).
11. Mother’s father’s father.
12. Mother’s father’s mother’s husband (step great grand-father).
13. Mother’s mother’s father.
14. Mother’s mother’s mother’s husband (step great grand-father).
15. Son.
16. Daughter’s husband.
17. Son’s son.
18. Son’s daughter’s husband.
19. Daughter’s son.
20. Daughter’s daughter’s husband.
21. Son’s son’s son.
22. Son’s son’s daughter’s husband.
23. Son’s daughter’s son.
24. Sen’s daughter’s daughter’s husband.
25. Daughter’s son’s son.
26. Daughter’s son’s daughter’s husband.
27. Daughter’s daughter’s son.
28. Daughter’s daughter’s daughter’s husband.
29. Brother.
30. Brother’s son.
31. Sister’s son.
32. Mother’s brother.
33. Father’s brother.
34. Father’s brother’s son.
35. Father’s sister’s son.
36. Mother’s sister’s son.
37. Mother’s brother’s son.

Explanation.―For the purposes of this part, the expression “husband” includes a divorced husband.

Notice of Intended Marriage

As per section 5 of the Act, when the parties intend to perform court marriage, the parties to the marriage shall give notice thereof in writing in the form specified in the Second Schedule of the Act to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given.

THE SECOND SCHEDULE 

(See section 5) 

FORMAT OF NOTICE OF INTENDED MARRIAGE 

To,

Marriage Officer for 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.

Name Condition Occupation Age Dwelling place Permanent place dwelling if present dwelling place not permanent Length of residence
A.B. Unmarried Widower Divorcee          
C.D. Unmarried Widow Divorcee          

Witness our hands this______________day of_____________20_____.

(Sd.) A.B.,

(Sd.) C.D.,

Click Below to Download Format of Notice for Intended Marriage

Format of Notice of Intended Marriage

Publication of Notice

As per section 6 of the Act, the Marriage Officer shall keep all notices which are given under section 5 of the Act with the records of his office and shall also forthwith enter a true copy of every such notice in a book prescribed for that purpose which is called the Marriage Notice Book, and the marriage notice book shall be open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same.

The Marriage Officer shall cause every such notice to be published by affixing a copy thereof to some conspicuous place in his office.

Where either of the parties to an intended marriage is not permanently residing within the local limits of the district of the Marriage Officer to whom the notice has been given under section 5, the Marriage Officer shall also cause a copy of such notice to be transmitted to the Marriage Officer of the district within whose limits such party is permanently residing, and that Marriage Officer shall thereupon cause a copy thereof to be affixed to some conspicuous place in his office.

Objection to Marriage

As per section 7 of the Act, any person may, before the expiration of thirty days from the date on which any such notice has been published under sub-section (2) of section 6, object to the marriage on the ground that it would contravene one or more of the conditions specified in section 4.

After the expiration of thirty days from the date on which notice of an intended marriage has been published under sub-section (2) of section 6, the marriage may be solemnized, unless it has been previously objected to under sub-section (1).

The nature of the objection shall be recorded in writing by the Marriage Officer in the Marriage Notice Book, be read over and explained if necessary, to the person making the objection and shall be signed by him or on his behalf.

As per section 8 of the Act, If an objection is made under section 7 to an intended marriage, the Marriage Officer shall not solemnize the marriage until he has inquired into the matter of the objection and is satisfied that it ought not to prevent the solemnization of the marriage or the objection is withdrawn by the person making it; but the Marriage Officer shall not take more than thirty days from the date of the objection for the purpose of inquiring into the matter of the objection and arriving at a decision.

If the Marriage Officer upholds the objection and refuses to solemnize the marriage, either party to the intended marriage may, within a period of thirty days from the date of such refusal, prefer an appeal to the district court within the local limits of whose jurisdiction the Marriage Officer has his office, and the decision of the district court on such appeal shall be final, and the Marriage Officer shall act in conformity with the decision of the court.

Declaration by Parties and Three Witnesses

As per section 11 of the Act, before the marriage is solemnized the parties and three witnesses shall, in the presence of the Marriage Officer, sign a declaration in the form specified in the Third Schedule to this Act, and the declaration shall be countersigned by the Marriage Officer.

THE THIRD SCHEDULE 

(See section 11) 

FORMAT OF DECLARATION TO BE MADE BY THE BRIDEGROOM 

I, A.B., hereby declare as follows:―

 

  1. I am at the present time unmarried (or a widower or a divorcee, as the case may be).
  2. I have completed ______years of age.
  3. I am not related to C.D. (the bride) 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 fine.

(Sd.)

A.B. (the Bridegroom).

FORMAT OF DECLARATION TO BE MADE BY THE BRIDE 

I, C.D., hereby declare as follows:―

 

  1. I am at the present time unmarried (or a widow or a divorcee, as the case may be).
  2. I have completed ….years of age.
  3. I am not related to A.B. (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 fine.

(Sd.)

C.D. (the Bride)

    Signed in our presence by the above-named A.B. and C.D. So far as we are aware there is no lawful impediment to the marriage.

(Sd.)
G.H.
Three Witnesses         (Sd.)
I.J.
(Sd.)
K.L.
 
Countersigned E.F.,
Marriage Officer

Dated______ the _____day of 20____.

Click Below to Download Format for Declaration

Format for Declaration

Solemnization of Marriage

As per section 12 of the Act, the marriage may be solemnized at the office of the Marriage Officer, or at such other place within a reasonable distance therefrom as the parties may desire, and upon such conditions and the payment of such additional fees as may be prescribed.

The marriage may be solemnized in any form which the parties may choose to adopt:

Provided that it shall not be complete and binding on the parties unless each party says to the other in the presence of the Marriage Officer and the three witnesses and in any language understood by the parties, ―”I, (A), take the (B), to be my lawful wife (or husband)”.

Certificate of Marriage

As per section 13 of the Act, when the marriage has been solemnized, the Marriage Officer shall enter a certificate thereof in the form specified in the Fourth Schedule in a book to be kept by him for that purpose and to be called the Marriage Certificate Book and such certificate shall be signed by the parties to the marriage and the three witnesses.

On a certificate being entered in the Marriage Certificate Book by the Marriage Officer, the Certificate shall be deemed to be conclusive evidence of the fact that a marriage under this Act has been solemnized and that all formalities respecting the signatures of witnesses have been complied with.

THE FOURTH SCHEDULE

(See section 13)

FORMAT OF CERTIFICATE OF MARRIAGE

I, E.F., hereby certify that on the_____day of______20_____, A.B. and C.D. 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.

(Sd.) E.F.,

Marriage Officer for

(Sd.) A.B., Bridegroom
(Sd.) C.D., Bride.
(Sd.) G.H.
(Sd.) I.J.
(Sd.) K.L.

Dated ______the_____ day of 20____.

Click Below to Download Format of Marriage Certificate

Format of Certificate of Marriage

Document Required for Court Marriage

Document required for court marriage is provided herein. The parties intending to perform their marriage needs certain documents for completing the legal marriage process in the court. These are the important documents;

  1. 7 passport size photographs of bride and bridegroom.
  2. Residential proof of Bride and Bridegroom.
  3. Identity Card – like Aadhar Card, Pan Card or Voting Card etc. of both parties.
  4. Birth Certificate or 10th Leaving Certificate of both parties.
  5. Application form (notice specified in the Second Schedule).
  6. Identity Card of three witnesses.
  7. 3 passport size photographs of each witness.

Fees for Court Marriage

Fees for court marriage vary from state to state and one has to individually look into the fees of the respective place where the intended parties want to solemnize their marriage. But in general, the cost of court marriage is approximately Rs. 2000/- only excluding the fees of a lawyer if you hired.

Conclusion

Procedure of court marriage is provided in Chapter 2 of the Special Marriage Act, 1954 which is covered under sections 4 to 14 of the said Act. Court marriage is being taken place in the legal environment. So that any chance of falseness in the consent or any deformity in the behaviour in the behaviour can be easily caught out.

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