India’s special marriage act, 1954, governs court marriage. In court, a Marriage Officer, court marriage lawyer in Delhi and three witnesses can solemnize the marriage. Indians of any caste, religion, or creed can marry in court. Indians and foreigners can marry in court. This page explains India’s Court Marriage Procedure.
Section 4 Of The Special Marriage Act Governs Judicial Marriages:
- Before signing the Civil Marriage Contract, the parties must satisfy the act’s requirements.
- Neither party should be married to anybody else. If the former spouse is dead or divorced, couples can marry in court.
- The parties must have provided free permission for the judicial marriage; none must be unfit to offer legal consent due to unsound minds or another circumstance.
- The bridegroom’s court marriage age is 21; the bride is 18.
- The marriage parties shouldn’t have a banned relationship.
India Marriage Documents
The applicant must submit documentation to complete the court’s formal marriage process.
- Wedding paperwork
- Couple’s signed marriage application
- Payment Receipt
- Both parties’ age-verification papers (SSLC book or Birth Certificate)
- Address verification (Aadhar Card, Voter ID, Ration Card, or Driving License)
- Affidavit
- Passport-sized wedding photos (2 copies)
- Divorce order and death certificate for widows/widowers.
- Witnesses’ documents
- Passport photo
- TIN
- Driver’s license, Aadhar card
Foreigner Documents
If the court marriage is between an Indian and a foreigner, the petitioner must present additional documents:
- Passport or Visa copy.
- Documentation of one party’s 30-day stay in India (proof of residency or SHO report).
- NOC or Marriage Status Certificate from a foreign embassy or consulate in India.
- Affidavit characteristics
- For an Indian judicial marriage, the bride and groom must file separate affidavits.
- Birthdate
- Marriage, divorce, or widowhood
- A statement says the couples aren’t connected within the forbidden degree.
Court Marriage Conditions
Both parties must be Indian nationals to marry in Jammu & Kashmir. Jammu and Kashmir’s special marriage statute prohibits judicial marriages with foreigners. A foreigner must dwell in India for 30 days to marry under the Special Marriage Act, 1954. They must show residency. If a foreigner doesn’t have evidence of residency, they can get it at the local police station.
India’s Court-Marriage Procedure
Marriage Notice
First, notification of intending marriage is prepared. The parties to the marriage must send notice in a defined format to the Marriage Registrar of the district in which at least one of the parties has resided for the previous 30 days.
Disclosure
The notification will be posted in the Marriage Registrar’s office and kept in the office’s records.
Marriage Objection
Any individual might object to the marriage within 30 days following the marriage officer’s notice. If the objection is valid, the marriage officer will stop the procedure. If the objection is unreasonable, the official will register the marriage.
Parties And Witnesses’ Declaration
Before the wedding, the couple and three witnesses must sign a court marriage application form confirming their free consent.
Solemnization
The marriage might be solemnized at the Marriage Officer’s office or any other acceptable location. Other locations need an extra charge.
Get Married
Once the marriage is solemnized according to the special marriage statute, the registrar enters the facts in the marriage register and issues a marriage certificate. After parties and witnesses sign, the court marriage certificate proves the couple’s marriage.
