Court Marriage procedure in India

In India Court Marriages are solemnized under the Special Marriage Act, 1954. Irrespective of religion, the caste or creed or even the nationality, in India court marriages taking place in front of a marriage officer hold equal value in the eyes of the law.

The procedure of entering into a court marriage is as follow:

Step 1: Notice of Intended Marriage

Firstly, a notice of intended marriage is prepared and drafted in a specified format to marriage registrar of the district where one of either party has resided for more than 30 days.

Step 2: Publication of the Notice

In this step, a copy of the notice is published by the marriage registrar in his office (where it is clearly visible) inviting objections if any. An original copy of the notice is kept for records by the marriage registrar.

If the parties do not have a permanent residence in the place where they are getting the marriage registered then the copy of the notice is sent to the registrar of marriage of the town of permanent residence to be put in his office for any objections.

Step 3: Objection to Marriage

An objection to the marriage can be raised within 30 days of publishing the notice under Section 7. Any violation of Section 4 of the Special Marriage Act can lead to abortion of the court marriage procedure. A registrar will look into the objection if any is raised and see if the objection is fitting or not. In case the objection is considered as just then the court marriage procedure is aborted and if the objection is unjust then the process continues as intended. 

After the expiration of the notice and no doubts were raised within 30 days of publishing the notice, the marriage can be formalized.

Step 4: Declaration by the party and witnesses

Before the solemnization of marriage can take place declarations must be signed by the bride and groom to be and at least 3 witnesses in front of the marriage officer and these are countersigned by the marriage officer. 

FIND OUT THE DOCUMENTS REQUIRED TO BE SUBMITTED

Step 5: Solemnization of Marriage

A court marriage is solemnized under Section 12 in the office of marriage officer or any place within a reasonable distance to bride and groom and the marriage officer. The marriage is only binding if both the parties in front of the marriage officer and in the presence of 3 witnesses acknowledge to each other in a language that all may understand that: “ I (Full Name), take the (Full Name), to be my lawful (wife/husband)”. 

Step 6: Certificate of Marriage

Once the marriage is solemnized, the marriage registrar will note down the details of the marriage in the marriage register. If the procedure of marriage is fulfilled in accordance with all the rules and regulations listed in the Act then a marriage certificate is issued. This marriage certificate is proof of a valid marriage of the couple after the signature of the bride and the groom and three witnesses along with the marriage officer.

The author of this beautiful blog is Advocate Purvi Shah having experience 11 years in handling such matters from her experience she wants to share this beneficial information for the individuals having any issues with respect to the court marriage matters.