Table of content

• Definition of marriage.
• Court marriage.
• Special marriage act.
• Eligibility
• Documents needed.
• Court fees.
• Process of court marriage.

Definition of marriage

To start with, as India is a secular country there are three acts under which marriage is solemnized. First, the special marriage act, of 1954, then The Hindu marriage act, of 1955, and the third is the Muslim law/Muslim marriage act of 1954.

The special marriage act, of 1954 explains the procedure under which the court marriage is solemnized and registered.

Meaning:

The Hindu marriage act of 1955 has reformed marriage according to Hindu law.

The Hindu marriage act, 1955- It is “a religious sacrament in which a man and a woman are bound in a permanent relationship for the physical, social and spiritual need of dharma, procreation and sexual pleasure.”

Marriage, according to Hindu law is a holy sanskar (sacrament), and not a contract. Also, it is not only considered sacred but it is also a holy union.

The Hindu marriage is not a contract and neither is it a sacrament. But it can be said, it is a combination of both.

Muslim marriage act, 1954- Marriage is a legal and social contract between two individuals.

Nikah is an Arabic term used for marriage it means ‘contract’. The Quran specifically refers to marriage as “Mithaqun Ghalithun”. Which means a strong agreement.

Court marriage

Court Marriage in India is solemnized under the special marriage act, of 1954. The marriage can be solemnized in a court consisting of performing an oath ceremony according to the Special Marriage Act, 1954 in the presence of a Marriage Officer and three witnesses.

Court marriage can be performed between two Indians irrespective of their caste, color, religion, or creed & between an Indian and a foreigner.

Finally, a court marriage certificate is issued directly by the Marriage registrar that is appointed by the Government of India.

Court marriage under the special marriage act is a civil contract and hence does not require the performance of any rites or ceremonies.

Special marriage act, 1954

The Special Marriage Act, 1954 is an Act of the Parliament of India with provision for civil marriage for people of India and all Indian nationals in foreign countries, irrespective of religion or faith followed by either party.

It extends to the whole of India except the State of Jammu and Kashmir and applies also to citizens of India domiciled in the territories to which this Act extends who are in the State of Jammu and Kashmir.

Eligibility Criteria for Court Marriage

1. Parties should not fall into the degree of prohibited relationship.
2. The age of the girl should be above 18 years and the boy should be above 21 years.
3. Neither party should have a living spouse. Or either they should be divorced or widowers.
4. Both should be of sound mind and be able to give consent.

Documents required-

The documents required to get a marriage registered in India may slightly vary from one state to another. However, most of it remains the same. It is important to know that all the documents should be duly signed by a gazetted officer at the time of submission.

Of couple:

1. An application, which should be signed by both parties.
2. Birth certificate/age proof of both the parties.
3. Residential address proof of both the parties.
4. 2 Passport size photos of both bride and the groom.
5. Death certificate or decree of divorce if the parties were previously married.
6. Payment receipt of application form in the District Court.
7. Affirmation by the parties that they are not in a prohibited relationship defined in the special marriage act.

Of 3 witnesses:

1. Identification proof.
2. PAN card.
3. 1 Passport size photo.

In the case of Foreign Nationals:

1. Copy of passport with a valid visa.
2. Residential proof (documentary) of one of the parties for more than 30 days or report of concerned SHO.
3. Marital status certificate from the concerned embassy or consulate in India by a foreign partner.

Note:

The couple should submit an affidavit for solemnization of marriage including their date of birth, marital status (divorced/widowed), and a declaration that they are not in a prohibited relationship.

Court fee:

The process of court marriage cost also varies from state to state & one has to individually look into the fees of the respective place where the marriage is to be solemnized.

Process of Court Marriage

Step 1- Notice of intended marriage.

When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the Second Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given.

 

Step 2- Publication of notice.

1. The Marriage Officer is responsible for keeping all the notices that are given under Section 5 along with records of his office and shall also enter a true copy of every such notice in a book that is prescribed for the same purpose known as the ‘Marriage Notice Book’. This book can be referred to in case of inspection at reasonable times. For doing so there shall be no fee as such and it can be done by any person desirous of inspecting the same.
2. The Marriage Officer should make sure that every such notice is published by affixing a copy to someplace in his office.
3. If any case comes up where either of the parties is not residing permanently within the local limits of the districts of the Marriage Officer to whom the notice has been provided according to Section 5, the Marriage Officer should make sure a copy of such a notice to be transmitted to the Marriage Officer of the district where they are residing.

Step 3- Objection to marriage.

1. Any person may, before the expiration of 30 days from the date on which any such notice has been published object to the marriage based on the eligibility of the couple.
2. After the expiration of 30 days from the date on which notice of an intended marriage has been published, the marriage may be solemnized, unless it has been previously objected to.
3. The nature of the objection shall be recorded in writing by the Marriage Officer in the Marriage Notice Book, be read over and explained if necessary, to the person objecting, and shall be signed by him or on his behalf

 

Step 4- Declaration by parties and witnesses.

Before the solemnization of marriage signature of the bride, groom, and the 3 witnesses are required to be done on the form mentioned in the third schedule of the special marriage act and should be countersigned by the marriage registrar.

Step 5- Certificate of marriage.

After the marriage is performed certificate of marriage is issued by the marriage registrar of which the details are mentioned in the marriage register by registrar. All formalities including the signatures of witnesses have been recorded.

And after the issuance of a marriage certificate, marriage is considered to be a valid legal marriage and that certificate is conclusive evidence of that.

Conclusion

It can be said that court marriage is performed under the special marriage act of 1954 & in the legal environment. So, whenever there is any falseness or any deformity in the behavior it can be easily caught.

Source: The Special Marriage Act, 1954.