A judicial marriage is one that is performed under the Special Marriage Act of 1954 (the "Act") in India. A court marriage can be performed in the presence of a marriage officer and three witnesses for a couple of any caste, religion, or nationality. The marriage officer is usually the Sub-Registrar authorized under the Act.
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. To obtain their marriage certificate, the bride and groom can simply submit a court marriage application to the marriage officer. The court marriage can be registered at the marriage officer's office in the area/jurisdiction where the bride or groom resides.
You may find it interesting to read our article discussing : Procedure of Court Marriage in East Delhi
Conditions For A Court Marriage
Under the Act, the marriage officer can solemnize a court marriage between the bride and the bridegroom if the following conditions are met at the moment of marriage:
☑️ Both the bride and groom do not have a living spouse.
☑️ The bride and groom: are not incapable of giving valid consent to the marriage due to unsoundness of mind, are not suffering from a mental disorder of such a kind or extent that makes him/her unfit for marriage and childbearing, and have not been subject to recurrent attacks of insanity.
☑️ The bridegroom is 21 years old, and the bride is 18 years old.
☑️ The bride and groom are not in any way involved in an unlawful relationship.
Documents Required For A Court Marriage
The following documents must be submitted by the couple together with the court marriage application:
☑️ Affidavits from the bride and groom include the following information:
☑️ The birthdate
☑️ Widower/unmarried/divorcee marital status
☑️ Affirmation that the pair is not connected to one another in a prohibited connection.
☑️ Passport-size photographs of the bride and groom
☑️ Proof of the bride and groom's residence
☑️ Proof of the bride's and groom's birth dates
☑️ A copy of the couple's signed notice of planned marriage
☑️ In the event of a divorcee, a copy of the divorce decree; in the case of a widower/widow, a copy of the death certificate of a spouse.
☑️ All witnesses are expected to present the following documents:
☑️ A passport-sized photograph
☑️ PAN card photocopy
☑️ Identity proof copy
Process For Court Marriage In Delhi
☑️ The court wedding procedure can be completed by the Delhi court, but a court wedding in Delhi cannot be completed in one day.☑️ The groom should be 21 or older, while the bride should be 18 or older.☑️ In Delhi Court weddings, only Monday, Wednesday, and Friday are business days.☑️ It takes 3 to 4 days in Delhi court.☑️ The parties must provide verification of their Delhi address.☑️ The groom, bride, and witnesses must attend twice during the procedure, first on the day of the Arya Samaj marriage and once after one or two days of the Court wedding.☑️ Hindus, Sikhs, Jains, and Buddhists should form parties.☑️ The witnesses can be friends, neighbors, relatives, or parents (both must be 18 years old).☑️ No notice is issued to the bride's or groom's address. Same-Day Court Marriage In Delhi
☑️ NCR handles the entire procedure.
☑️ Grooms should be at least 21 years old, while brides should be at least 18 years old.
☑️ The witnesses can be friends, neighbors, relatives, or parents (both must be 18 years old).
☑️ The entire procedure takes 2 to 3 hours.
☑️ Hindus, Sikhs, Jains, and Buddhists should form parties.
☑️ Choose any day between Monday and Friday that does not have a public holiday.
☑️ The bride and groom's witnesses can be from anywhere in India or beyond.
☑️ There is no notice or information given to the bride and groom's address.
☑️ Both Arya Samaj and Court wedding certificates are given on the same day, are valid worldwide, and cannot be questioned.
Court Marriage Without Ceremony
☑️ The entire procedure takes 40 days.
☑️ The parties must visit twice.
☑️ On the first day of the visit, the parties apply for marriage, and a 30-day notice is issued.
☑️ Either party must have Delhi address evidence.
☑️ Parties from any religion are welcome.
☑️ A total of three witnesses are required, who can be friends, neighbors, relatives, or parents from either side.
☑️ If no objection is lodged within 30 days, the court wedding will take place on the second appearance.
FAQ’s Related To Court Marriage In Delhi
Q1 : How much does a court marriage cost in Delhi?
Ans : The cost of court marriage in Delhi is 2600/- INR, with no hidden charges.
Q2 : What is the cost of Tatkal court marriage in Delhi?
Ans : The cost of Tatkal court marriage in Delhi is ₹10,000.
Q3 : How much time does it take to get a marriage certificate in Delhi?
Ans :The time required to obtain a marriage certificate in Delhi is generally 15 days for the registration of marriage under the Hindu Marriage Act and 60 days for registration under the Special Marriage Act.
Q4 : How can an old girl do court marriage in Delhi?
Ans : The age requirement for court marriage in Delhi is 21 years for men and 18 years for women.
Q5 : Who can be a witness for marriage registration in Delhi?
Ans : In Delhi, anyone who is over 18 years old, mentally sound, and not a spouse can serve as a witness for marriage registration
Q6 : Is there any penalty for late marriage registration in Delhi?
Ans : Yes, there is a penalty for late marriage registration in Delhi. According to the Delhi (Compulsory Registration of Marriages) Order, 2014, all marriages performed in Delhi must be registered within six months. Failing to do so can result in a penalty of Rs 1,000.
Conclusion
Finally, the court marriage process in Delhi is a legally binding procedure that entails a number of stages to formalize the partnership between two people. It ensures that the marriage is carried out in line with the law and provides a clear framework for marriage ceremonies. Couples can navigate the procedure successfully by following the stages indicated by the Marriage Registrar's office, with the ultimate goal of getting a legally recognized marriage certificate. Individuals must stay informed about any updates or changes in legal regulations in order to have a smooth and effective court marriage experience in Delhi.