What exactly are the formalities which occur in a court marriage

Court marriages are solemnized under the Special Marriage Act,1954. People belonging from any caste or religion can register and solemnize their marriage through a hassle-free procedure. It can be solemnized between an Indian and Foreigner as well. Court marriages are done in the presence of a marriage registrar and three witnesses. 

Based out of India, MyAdvo is a company that offers help during each step of court marriage. For more details please visit https://www.myadvo.in/service/court-marriage/.

Rules to be maintained for court marriage

  • Both parties must not have a spouse who is alive. 
  • The age of the groom should be at least 21 years and the bride should be at least 18 years old.
  • Both bride and groom must not be associated with each other in any prohibited relationships as mentioned under the Special Marriage Act.

The procedure of court marriage

  • Both parties will be given a checklist of documents along with a questionnaire. In it, they will have to fill in their details. 
  • Once MyAdvo receives the duly filled-up questionnaire, it will issue an intended marriage notice.
  • You will then have to select in which jurisdiction you want your marriage to be solemnized. One of the parties must have resided for a minimum of 30 days before the notice was filed in the district of their choosing. The marriage will be solemnized at the office of the marriage registrar of the district. 
  • MyAdvo will then set up a meeting at a time decided on mutual consent, where you along with your partner and three witnesses must appear before the marriage registrar. 
  • The marriage registrar will then publish the notice. Along with that, he or she will invite objections to the marriage. The objections, if any, must be raised within a month after the notice is published.
  • Both the parties are given an opportunity to present their case. Afterwards, the marriage registrar will decide whether or not the objection is real. If it is, then the marriage cannot be solemnized. 
  • If there are no objections or they have been removed, the marriage procedure will continue. After a period of one month, you along with your partner and the same three witnesses will have to appear before the marriage registrar. You will have to sign a declaration to solemnize the marriage.  
  • Once that is done, the marriage certificate will be issued by a marriage registrar. It will have to be signed by both the bride and groom along with the three witnesses. Afterwards, the marriage registrar will issue the marriage certificate to the couple.

Documents Required 

From the Bride and Groom

  • Affidavits from both the bride and groom that includes their date of birth, present marital status, along with a declaration that the involved parties are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act.
  • Both bride and groom must also give their residential proof. A photocopy of Aadhar Card, Passport, Voter ID Card. Driving License, Ration Card, and Lease or Rent Agreement can be provided for the same.
  • The involved parties must also submit their date of birth proof. They can submit a photocopy of their birth certificate, passport, or class 10th certificate. 
  • The bride and groom will have to submit four passport size photographs as well.
  • The intended marriage notice duly signed by the bride and groom must also be submitted.
  • If either the bride or groom is a divorcee, he or she must submit a copy of the divorce order/decree. In case any one of them is a widow/ widower, he or she will have to provide the death certificate of their spouse.

From the Witnesses

  • Photocopy of PAN Card of each witness.
  • Each witness must also submit one passport size photograph. 
  • The witnesses will also have to submit a photocopy their Identity Document. Aadhar Card, PAN Card, Passport, Voter ID Card (both front and back side), NFS Ration Card, or any Govt. recognized document can be given for this purpose. 

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