Procedures of Court Marriage in India

The Court Marriage in India gives sanctuary strength to the couples who are opting inter religion/inter caste marriage or who are going against the wishes of their family members for marriage. This is also considered as  a common alternative for couples to keep their marriage event simple and economical. Court marriage is a moderate and easy way of marriage, performed before a marriage registrar and few witnesses; whereas traditional marriage consists numerous rituals and customs.

Procedures of Court Marriage:

1. Filing Application/Notice: The parties (couples) need file a notice/application in writing in the prescribed format provided in Schedule II of the Special Marriage Act.

1. Publication of Notice: The notice, after submission of the application, shall be published at a noticeable  place in the office and one copy in the office of the district where (if) the other party permanently resides.
2. No objection to the Marriage: The Marriage Officer waits if there any objection within the 30 days from the date of publication of notice.
3. Solemnization of the Marriage: If no objection is raised within 30 days, the marriage will be solemnized at the Specified Marriage Office before Marriage Officer along with witnesses, one from each side, at the Office on the given date of Registration.
4. Remedy for the couple, if an objection is filed: Any one of the parties (couples) to the marriage can file an appeal at the District Court under the jurisdiction of Marriage Officer within 30 days from the date of refusal to solemnize the marriage.
5. Marriage Certificate: A Marriage Certificate, the evidence of the Court Marriage is issued by the officer, signed by both the parties (couples) and witnesses, one from each side.
   

The compulsory documents for Court Marriage:

• Application Form for Marriage along with specified fees
• Passport size Photos of couples
• Residential proof of couples
• Proof of Date of Birth of couples
• Address and Identity Proof of all witnesses
• Death Certificate/Divorcee (optional) - in case of second marriage

The marriage may also be solemnized before the Marriage Registrar in India, if one party is of foreign nationality, there is only need to submit few additional documents

• Copy of Passport along with valid visa
• Proof of stay in the concerned district in preceding 30 days or report from the concerned SHO
• NOC or Marital Status Certificate from the concerned embassy

The compulsory documents for Registration of old Marriage:

• Duly filled  Application form
• Passport sized photos of both
• Marriage photograph
• Proof of Date of Birth of the married parties
• Proof of Residence of the married parties
• Proof of Marriage

*This is not a legal advice, hiring a family lawyer would be a wise move.