Court marriages in India are solemnised as per the ‘Special Marriage Act, 1954’ and the procedure is common across the nation.
he procedure for court marriage is governed by the ‘Special Marriage Act, 1954’ and is common across the nation. Court marriage can be solemnised between two parties (belonging to the same or different nations) irrespective of their caste, religion or race. The interested parties can directly apply to the Marriage Registrar in order to get marriage certificate.
Procedure for court marriage:
Step 1: File a ‘Notice of Intended Marriage’ in the specified form to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given.
Step 2: The notice is then published/put-up by the Registrar of Marriage inviting objections, if any.
Step 3: After the expiration of 30 days from the date on which notice of intended marriage has been published, the marriage may be solemnized unless it has been objected by any person.
Step 4: The marriage may be solemnised at the specified marriage office.
Step 5: Both parties along with three witnesses are required to be present on the date of registration/solemnisation.
Notice of intended marriage:
- Application form (notice in the form specified) duly filled and signed by the bride and the groom
- Documentary evidence of the date of birth of both the parties (matriculation certificate/ passport/ birth certificate)
- Receipt of fees paid with respect to the application form in the District Court
- Documentary evidence regarding stay in Delhi of one of the parties for more than 30 days (ration card or report from the concerned Station House Officer).
- Separate affidavits from bride and groom giving- date of birth, present marital status (unmarried/widower/ divorcee).
- Affirmation that the parties are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act.
- Passport size photographs of both parties (2 copies each) duly attested by a gazetted officer.
- Copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower
Documents required in case of foreign national:
- A copy of passport and visa
- A certificate of NOC or marital status certificate from the concerned embassy
- One of the parties should produce documentary evidence regarding stay in India for 30 or more days (proof of residence or report from the concerned SHO)