How to Do Court Marriage in India

Court marriage is a legal process where two individuals can marry each other without any traditional rituals. It is performed under the Special Marriage Act, 1954 and is valid for all Indian citizens, regardless of religion or caste.

Step-by-Step Process of Court Marriage:

1. Notice of Intended Marriage:

   • Both partners must fill and submit a marriage application (Form) to the Marriage Registrar of the district where at least one partner has resided for 30 days.

   • The notice is displayed publicly for 30 days.

2. Documents Required:

   • Age proof (Aadhar card, birth certificate, etc.)

   • Address proof

   • Passport-sized photographs (usually 4 each)

   • Affidavit of marital status (unmarried/divorced/widowed)

   • Death/divorce certificate (if previously married)

   • Witnesses’ ID proof (3 witnesses are required)

3. Objection Period:

   • During the 30-day notice period, anyone can object if there’s a valid reason (e.g., age, already married, etc.).

   • If no objections, marriage proceeds.

4. Marriage Registration and Ceremony:

   • After 30 days, the couple, along with 3 witnesses, must appear before the Marriage Registrar.

   • The marriage is solemnized and registered.

   • The couple signs the marriage certificate, and it becomes legally valid.

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Types of Court Marriage in India

While court marriage is generally a single process under the Special Marriage Act, people refer to different contexts or categories based on the couple’s situation:

1. Inter-religion Marriage:

   • Between partners of different religions.

   • No need for conversion; marriage is done under the Special Marriage Act.

2. Inter-caste Marriage:

   • Between partners of different castes.

   • Encouraged by the government with financial benefits in some states.

3. Same-religion Marriage:

   • When both partners belong to the same religion but choose to do a court marriage instead of a traditional one.

4. NRI/Foreign National Marriage:

   • When one or both partners are foreign citizens or NRIs.

   • Additional documents like visa, passport, NOC may be required.

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Who Can Do Court Marriage? (Eligibility)

• Male: Must be 21 years or older

• Female: Must be 18 years or older

• Both must be mentally sound

• Not married to anyone else at the time of marriage

• Not in a prohibited relationship (as per law)