The Special Marriage Act of 1954 makes it official for people to get married in court in India. In every part of India, court marriage is done in the same way. A court can marry two people together, even if they are of different races, religions, or castes, or if they are of different religions. According to the act, court marriages take place in front of a marriage officer in a court, and the couple can then get a marriage registration certificate right away.
How To Get Married In Court
The following rules for court marriages in India are listed in Section 4 of The Special Marriage Act:
- Before signing the Civil Marriage Contract, the couple must meet all of the conditions set out in the act.
- Neither of the two people should already be married when they go to court to get married. The court marriage can happen if the previous spouse has died or been divorced.
- The people getting married in court must do so of their own free will. They shouldn’t be forced to get married in court, and neither of them should be out of their minds when they do.
- A court marriage can only happen if both the bride and the groom are of legal age in India. This means that the bride must be at least 18 years old and the groom must be at least 21 years old.
- The people getting married shouldn’t have a level of relationship that is against the law.
India Needs Certain Papers For A Court Marriage
Legal procedures for getting married can only be done if the right paperwork is in place. It is best to hire a lawyer who can help you through the whole court marriage process, from putting together your paperwork to getting your marriage registration certificate.
- Marriage Form filled out and signed by both parties
- Receipt of the fee paid to the District court for registering a marriage
- Documents that show how old both parties are. (a birth certificate or passport is best)
- Residential proof (preferably Aadhar Card, Voter ID, Ration Card, or Driving License). For example, if the couple wants to get married in Delhi, one of them needs to show that they have lived there for at least 30 days. A ration card or a report from the station house officer might be used as proof.
- A signed affidavit from each party saying that they are single, widowed, or divorced and that they are not related to each other in the way that the Special Marriage Act says is forbidden.
- A picture of the bride and groom the size of a passport (2 copies)
For A Foreigner, There Are Some Extra Documents That Must Be Shown:
- A copy of the Indian passport and visa
- Proof of residence from either party who claims to have lived in India for at least 30 days
- No objection certificate or marriage status certificate from the concerned embassy
Documents That Witnesses To A Wedding Must Have
- A picture of each witness the size of a passport
- The PAN cards of every witness
- A way to prove who the witnesses are, like a driver’s license, an adhaar card, or something else.
The cost of a court marriage varies from one state to the next. The process is long and complicated, and only an experienced marriage lawyer near me can help you through it.