Questions Legal

What is the process of court marriage in India?

Airtract

Manyatha Gupta

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The court marriage system is consecrated under The Special Marriage Act, 1954. The marriage can be performed between any two citizens of India irrespective of their caste, religion, class, etc. Even a stranger and an Indian can perform court marriage on a statutory basis. 

People interested in getting married in court can directly approach the Marriage registrar to appeal for marriage. The important aspect of court marriage is that it is loose of religious acts, rituals, substantial expense on marriage celebrations, etc.

Conditions for court marriage

  1. Both parties should not be engaged in any active marriages with another person.

  2. Both parties must be conscious enough to interpret the valid consent for the marriage, or sustaining from mental disorder of any kind or to an extent as to be incapacitated for marriage and conception of children, or has been subject to repetitive attacks of insanity.

  3. The groom must be of twenty-one (21) years, and the bride must be eighteen (18) years of age.

  4. Either party should not come within the degree of obstructed relationship.

Procedure for court marriage

  1. Both parties should not be engaged in any active marriages with another person.

  2. Both parties must be conscious enough to interpret the valid consent for the marriage, or sustaining from mental disorder of any kind or to an extent as to be incapacitated for marriage and conception of children, or has been subject to repetitive attacks of insanity.

  3. The groom must be of twenty-one (21) years, and the bride must be eighteen (18) years of age.

  4. Either party should not come within the degree of obstructed relationship.

Documents Required

  1. Application form in the designated format and the prescribed fee.

  2. Passport size photo of both parties involved in marriage.

  3. Date of birth proof of marrying parties.

  4. Residential proof of marrying parties.

  5. Death or divorce certificate in case any one of them was married before.

  6. PAN card and residential proof of 3 witnesses.





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