Court marriage is the legal union solemnized under the Special Marriage Act, 1954. It is also called a civil or registry marriage. Court marriage allows couples to marry by going through formalities without any religious ceremonies.

In this blog, the court marriage process, required documents, and legal formalities are explained. It covers eligibility, procedures, and rights to help couples a legally recognised union.

What is court marriage? 

Court marriage is a legally recognised union conducted before a marriage officer, without religious or traditional ceremonies. It is intended for couples of different faiths and backgrounds, just making sure the legal requirements of marriage are fulfilled.

Important Legislation Concerning Court Marriages

A marriage can thus easily take place in India under the Special Marriage Act of 1954, which is functional and applicable to all citizens irrespective of their religion, or such marriages may also be compulsorily registered under the personal laws governing different religious communities, such as the Hindu Marriage Act, 1955, Muslim Personal Law, Indian Christian Marriage Act, 1872, and the Parsi Marriage and Divorce Act, 1936.

Special Marriage Act, 1954: This law allows individuals from different religions or castes to marry without converting, making it an inclusive legal framework for interfaith and inter-caste marriages. It upholds secularism, personal choice, and legal recognition of marriages conducted without religious customs.

Hindu Marriage Act, 1955: The law governs conditions for a valid Hindu marriage with respect to Hindus, Buddhists, Jains, and Sikhs, prohibits bigamy, establishes the legal marriageable age, and provides guidelines for divorce, maintenance, and alimony. In addition to discussing the legitimacy of children, it also addresses restitution of conjugal rights.

Muslim Personal Law: These religious laws apply to marriages, divorce, and inheritance among the Muslims in India, prescribed marriages being conducted according to Islamic customs and traditions.

Indian Christian Marriage Act, 1872: This Law recognises marriages as performed by Christians and is thus, legal to its validity; however, at least one of the parties must be Christian.

Parsi Marriage and Divorce Act, 1936: There is a law for Parsis, which regulates marriage, divorce, and maintenance within the community, along with registration of marriages and legal processes of dissolution by divorce.

Eligibility Criteria for Court Marriage Process

To ensure a legally valid court marriage, certain eligibility criteria must be met. These requirements focus on age, marital status, consent, mental capacity, and restrictions on close relationships.

• Age Requirements: For males, the minimum age for marriage is 21 years, while for females, it is 18 years.
• Marital Status: The parties must be unmarried, divorced, or legally widowed at the time of marriage.
• Mental Soundness & Free Consent: Consent from both individuals must be granted freely and voluntarily, without any coercion or undue influence.
• Prohibited Relationships: Marriage of close blood relatives is prohibited except for those permitted by personal law.

Documents Required for Court Marriage Process

A court marriage in India needs some documentation to complete the legal procedure. In India, some of these documents include:

• Identity and Address Proofs: Documents like Aadhaar card, passport, voter ID, PAN card, or driving license for identity verification, along with address proof such as utility bills, rent agreement, or bank statement.
• Birth Certificate: Birth certificate or school leaving certificate, which serve to validate the legal marriageable age.
• Passport-size Photographs: Four passport-size photographs in recent times of both parties involved.
• Divorce Decree/Widow Certificate: Required in case of previous marriage dissolution or the demise of a spouse.
• Affidavit Stating Marital Status and Nationality: This is an affidavit in which the parties declare their status regarding marriage, as well as the nationality.

Documents Required If One of the Party is a Foreign National

When one of the parties in a court marriage is a foreign national, additional documents and legal approvals are required to complete the process. These include:

• Additional Documents Needed: A Valid passport, visa, proof of current marital status (single status certificate or divorce decree), and address proof from the home country.
• Legal Approvals Required: A No Objection Certificate (NOC) from the respective embassy along with an affidavit confirming free consent and eligibility to marry under Indian law.

Step-by-Step Court Marriage Procedure

The court marriage process follows a structured legal procedure to ensure validity and compliance with the law.

Step 1: Filing Notice of Intended Marriage: The partners must submit a notice to the marriage officer of the district where either of them has resided for more than 30 days.

Step 2: Publication of Notice & 30-Day Waiting Period: The notice will remain open to public scrutiny for 30 days so that objections, if any, can be raised.

Step 3: Addressing Objections: Objections that arise will be dealt with according to the law

Step 4: Declaration of parties and witnesses: The parties and three witnesses declare the marriage before the marriage officer.

Step 5: Issuance of Marriage Certificate: After solemnisation, the marriage officer gives the marriage certificate, thus legally recognising the marriage.

Role of a Lawyer in Court Marriage

The role of a family lawyer in court marriage is checking and confirming the documents and all the legal requirements therein. Their assistance makes the whole process easier and legal compliance.

• Document Verification and Preparation: A lawyer reviews and verifies the required documents so that they are in accordance with the stipulations of the requisite law.
• Drafting & Submission of Legal Forms: A lawyer reviews and verifies the required documents so that they are in accordance with the stipulations of the requisite law.
• Legal Representation in Case of Disputes: In case of objections or legal complications, a lawyer provides representation and guidance to resolve the matter effectively.

Court Marriage Fees and Duration

The cost of a court marriage typically ranges from ₹1,500 to ₹5,000, with the entire process taking about 30-45 days. This includes a mandatory 30-day notice period and time for addressing any objections.

Government Fees

• Court marriage fees vary from state to state but are classified under the range of ₹500 to ₹1,000.
• The application fees are ₹100 under the Hindu Marriage Act and ₹150 under the Special Marriage Act.

Processing Time

The process takes about 30-45 days depending upon the notice period as well as the other verification steps.

Legal Rights After Court Marriage

Rights accrued to couples such as inheritance, joint property ownership, and spousal benefits. Legal registration of marriage secures financial security and provides legal recognition.

Right to Inheritance: After court marriage, spouses gain legal rights to inherit each other’s assets. This ensures financial security and succession rights under inheritance laws.

Joint Property Ownership: Marriage grants couples joint rights to buy and sell property; a process that guarantees financial security. Legal recognition provides access to home loans and tax benefits more easily. 

Spousal Benefits: Court marriage guarantees pension, insurance, and medical benefits. The protection of the law is available for matters relating to divorce, maintenance, and custody.

Difference Between Court Marriage vs. Religious Marriage

To help you understand which type of marriage suits your needs better, here’s a simple comparison between court marriage and religious marriage based on legal, procedural, and cultural factors.

Aspect	Court Marriage	Religious Marriage
Legal Recognition	Special Marriage Act and applicable to all religions.	Recognized under the several personal laws that exist for different religions (for example, the Hindu Marriage Act, the Christian Marriage Act).
Documentation & Approval Process	These involve some legal paperwork, a notice period, and an official registration with the marriage officer.	Secular in nature, it concerns itself entirely with legality, usually chosen for inter-religious or inter-caste marriages.
Social and Cultural Factors	Conducted according to religious custom and rituals with registration considered optional but advisable.	This procedure entails deeply ritualistic and traditional observances, comprising ceremonies and customs.

Conclusion

Court marriage is a legal, uncomplicated, and inexpensive way for couples to wed without any religious ceremonies. It is administered by the Special Marriage Act to safeguard its legality, spousal rights, and financial security. The entire process, right from the notice application to marriage certificate issuance, is governed through a laid-down legal framework. While religious marriages have socio-cultural importance, court marriages uphold legality and inclusivity. For guidance on documentation, legal procedures, and registration, Zolvit simplifies the court marriage process with professional assistance.