Court Marriage Process in India: Fees and Documents Required

Court marriage is a legal union between two individuals irrespective of their religion, caste or nationality. It is solemnized in a court of law in the presence of a marriage officer and requires the presence of witnesses. This process offers a simple and secular alternative to traditional marriage ceremonies. It ensures legally binding union without the need for several rituals. 

In this blog post, we shall discuss the court marriage’s process in India, provide you with a court marriage documents list and explain step-by-step procedure of marriage in court.

What is Court Marriage?

Court marriage, a.k.a civil marriage, is a legal reunion between two individuals. This marriage is formalized in the court of law and is an alternative to the traditional marriage. 

The process for marriage in court involves submitting a notice of intended marriage, a waiting period, document verification and a ceremony before a marriage officer. Upon completion of all the requirements, a marriage certificate is issued. 

Eligibility Criteria for Marriage in Court

Are you interested in opting for marriage in court? If the answer is yes, then you must check the eligibility criteria for civil marriage.

• Age Requirement: For a valid marriage, the man must be at least 21 years of age. On the other hand, the woman must be at least 18 years of age. Anything below that isn’t just discouraged, it is illegal!

• Mental Soundedness: Both the individuals wanting to enter into the marriage must be mentally sound and able to understand what a marriage typically involves.

• Marital Status: Neither person should already be married to someone else at the time of applying. If any of the two individuals is already married, then the second marriage will be considered as an invalid marriage.

• Free Consent: Both the individuals must agree to the marriage willingly without any pressure, threat or manipulation.

Court Marriage in India Documents Required 

To begin the process of marriage in court, you must collect certain crucial documents listed below:

• Civil Marriage Application Form: You can get the marriage form from your local marriage registrar’s office. Alternatively, you can download the form for court marriage registration online from the official government website.

• Proof of Age/Identity: For providing proof of age and identity, you can file documents like Aadhaar card, passport, driver’s license or PAN card.

• Proof of Address: This could be a voter ID card, electricity bill, rent agreement or any other valid government-issued document.

• Recent Photos: Recent passport-sized photographs of both individuals is necessary.

• Affidavit: Both the spouses-to-be need to provide an affidavit declaring their marital status, willingness to marry, date of birth and their nationality.

What is the Process for Court Marriage?

The process for marriage in court requires the following general steps:

Notice Submission

First and foremost, you must submit a notice of intended marriage to the marriage registrar. Before applying for civil marriage, the bride or groom must have lived in the area for a minimum of 30 days. Along with the form, you must attach all the necessary documents and pay marriage court fees. Upon filing, the notice gets displayed publicly at the registrar’s office.

30 Days Waiting Period

Upon publication of the notice, there is a mandatory 30-day waiting period. The purpose of this period is to give people a chance to raise any objections. However, in most cases, there aren’t any objections.

Review of Documents

During the 30 days, if there are no valid objections, the registrar will examine the form and the documents. Once he is satisfied all the requirements are met, he will give his approval for marriage.

Get Married

Upon approval, the registered marriage can finally take place in the court. You can get married at the office of the registrar or another place agreed upon with the marriage officer. A presence of a minimum of three witnesses is a must. After the ceremony is done, you will receive the official marriage certification.

Legal Rights After Marriage

Getting married through the court gives both parties several legal rights and protections:

• Your marriage is fully valid under Indian law and comes with legal responsibilities and rights.

• Spouses can inherit each other’s property under the law, just like in any recognized marriage.

• You’re legally each other’s next of kin. This matters a lot during emergencies, medical decisions and more.

• Married couples may qualify for tax benefits and exemptions.

• If one partner is applying for a visa or residency abroad, a court marriage’s certificate is usually accepted as valid proof.

Things to Keep in Mind While Opting for Court Marriage

While marriage in court comes with a lot of positives, you need to keep certain things in your mind while for opting for this kind of marriage:

• Even in today’s time when people have become westernized and modern, some people view marriage as less acceptable and respectable. This holds true especially in small towns and families with a traditional mindset.

• For some, the paperwork and procedures relating to a civil marriage may feel overwhelming, especially for individuals who aren’t quite familiar with the legal system. 

• Even a civil marriage may be challenging if the couple comes from very different cultural and religious backgrounds.

• Family reactions to the marriage in court can either be supportive or hostile. So, it is best to be emotionally and practically prepared.

• Once you get married, don’t forget to update important legal documents like PAN Card, Passport and Bank Account details.

Conclusion

Court marriage is a legal process through which a couple can make their relationship official in the eyes of law. Compared to traditional marriages, court marriages are quicker and do not require completion of religious or ceremonial frills. For individuals trying to avoid a big wedding or facing challenges from their families, court marriages are often a preferred choice.

Frequently Asked Questions (FAQs)

Q1. What is court marriage registration fees in Delhi?

A. The court marriage’s registration fee in Delhi for registration under the Hindu Marriage Act is Rs. 100. For the Special Marriage Act, it is Rs. 150.

Q2. Which Act outlines civil marriage rules?

A. The Special Marriage Act 1954 outlines rules for civil marriages in India.

Q3. What is the legal age for marriage in India?

A. In India, the legal age for marriage is 18 for women and 21 for men.

Q4. Which Act deals with inter-caste and inter-faith marriages?

A. The Special Marriage Act 1954 deals with intercaste and interfaith marriages.

Author: Kashish Kumar

Ms. Kashish Kumar holds a BA (Hons.) in Philosophy from the University of Delhi, where she specialized in Philosophy of Law, and an MA in Philosophy from the same institution. She has a background in legal studies and continues to build on her expertise in the field. With over five years of experience in content creation, Kashish has worked as a ghostwriter and contributed to non-profit organizations in the U.S. and U.K. Growing up in a family with a strong legal background, she developed a natural passion for content related to legal topics. In addition to her professional work, she has been involved in social initiatives through organizations like PETA, CRY, and WWF. Kashish is an avid reader, with a particular love for books and blog posts. Her favorite series is The Lincoln Lawyer.