Documents Required For A Court Marriage
Date : 17 Aug, 2023
Post By admin
Court marriages, as opposed to typical Indian weddings, are marriages performed under/in conformity with the Special Marriage Act, 1954 (hence referred to as 'the act'). The marriage might take place or be solemnized in the presence of a Marriage Officer and three witnesses in the court itself. These marriages do not have to include the complex customary or ritualistic steps of the partners' laws. A lawful marriage can be obtained simply by marrying in the presence of a marriage official in compliance with the statute.
Court marriages are prevalent throughout the country and follow the procedure outlined in the Act. The marriage is performed without regard for caste, creed, or religion by the marriage authority. It is a legally constituted marriage. Any two persons (of different genders) belonging to the same religion or different religions can marry through a court marriage.
Requirements For A Court Marriage
The act's Chapter II, Section 4 specifies the following prerequisites for the solemnization of a judicial marriage:
☑️ There must be no pre-existing marriages between the parties.
☑️ Valid Consent - The parties must not be unable of giving valid consent due to mental incapacity.
☑️ Age-The male has reached the age of 21, while the female has reached the age of 18.
☑️ Forbidden degrees of relationships -The parties do not fall under the forbidden degrees of relationships. Provided, however, that if a tradition governing at least one of the parties allows for a marriage between them, such marriage may be solemnized regardless of whether the connection falls within the degrees of forbidden relationships.
☑️ There must be no pre-existing marriages between the parties.
☑️ Valid Consent - The parties must not be unable of giving valid consent due to mental incapacity.
☑️ Age-The male has reached the age of 21, while the female has reached the age of 18.
☑️ Forbidden degrees of relationships -The parties do not fall under the forbidden degrees of relationships. Provided, however, that if a tradition governing at least one of the parties allows for a marriage between them, such marriage may be solemnized regardless of whether the connection falls within the degrees of forbidden relationships.
Documents Needed For A Court Marriage
Documents one would need for getting a court marriage solemnized are as mentioned:-
1. The bride and groom must fill up and sign an application form (notification in the manner indicated).
2. Receipt of payments paid in relation to the District Court application form.
3. Documentary proof of both partners' birth dates (Matriculation Certificate/Passport/Birth Certificate).
4. Documentary evidence of one of the parties stay in Delhi for more than 30 days (ration card or report from the appropriate Station House Officer).
5. Separate affidavits from bride and groom giving:
5.1 Date of birth
5.2 Present marital status: unmarried/widower/ divorcee.
5.3 Affirmation that the parties are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act.
6. Passport-size photographs of both parties (2 copies each) duly attested by a Gazetted Officer.
7. Copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.
1. The bride and groom must fill up and sign an application form (notification in the manner indicated).
2. Receipt of payments paid in relation to the District Court application form.
3. Documentary proof of both partners' birth dates (Matriculation Certificate/Passport/Birth Certificate).
4. Documentary evidence of one of the parties stay in Delhi for more than 30 days (ration card or report from the appropriate Station House Officer).
5. Separate affidavits from bride and groom giving:
5.1 Date of birth
5.2 Present marital status: unmarried/widower/ divorcee.
5.3 Affirmation that the parties are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act.
6. Passport-size photographs of both parties (2 copies each) duly attested by a Gazetted Officer.
7. Copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.
Documents In Case Of A Foreign National
Before the marriage is solemnized, the parties and three witnesses must make a declaration in the form stipulated in the Third Schedule in the presence of the Marriage Officer, which must be countersigned by the Marriage Officer.
Documents needed are as follows:
1. One passport-size photograph of each of the three witnesses.
2. Any document for identification of the witnesses by the Marriage Officer (Driving License, PAN Card, etc.)
Documents needed are as follows:
1. One passport-size photograph of each of the three witnesses.
2. Any document for identification of the witnesses by the Marriage Officer (Driving License, PAN Card, etc.)
