A Comprehensive Guide to Court Marriage in India: Process and Required Documents

Introduction:

Court marriage in India is a legal and straightforward way for couples to solemnize their marriage. It provides a streamlined process that is free from the complexities often associated with traditional ceremonies. This article will guide you through the court marriage process, and the essential documents required for a smooth and lawful union.

Condition of Court Marriage:

• Couples intending to go for court marriage must file a Notice of Intended Marriage (NIM) at the local marriage registration office.
• The NIM should be submitted at least 30 days before the planned marriage date.
• The marriage officer publishes the notice for public viewing during this 30-day period to allow for any objections.
• If no objections are raised, the couple, along with three witnesses, appears before the marriage officer for the solemnization of marriage.
• Both partners must sign a declaration affirming their eligibility for marriage and stating that there is no lawful impediment.
• Required documents include proof of age and identity (Aadhar card, passport, voter ID, PAN card), proof of address (Aadhar card, passport, utility bills), passport-sized photographs, a marriage affidavit, and, if applicable, documents related to previous marriages such as divorce decree or death certificate.
• Three witnesses with their proof of identity and address are necessary for the court marriage process.

Documents Required for Court Marriage in India:

• Proof of age and identity: Aadhar card, passport, voter ID, PAN card
• Proof of address: Aadhar card, passport, utility bills
• Passport-sized photographs: Recent photographs of both partners
• Marriage affidavit: An affidavit declaring the date of birth, marital status, and nationality of both parties
• Witnesses: Three witnesses with their proof of identity and address
• Divorce decree or death certificate (if applicable): Documents proving the dissolution of the previous marriage (divorce decree) or the death certificate of the former spouse

Procedure for Court Marriage in India:

Step 1-Notice of marriage

The bride and groom are required to provide the marriage officer with the court marriage application form, which serves as notice of their intended union. Before thirty days of the intended marriage date, the notice of the intended marriage must be given as specified in the second schedule of the Act. It ought to be given to the marriage officiant whose jurisdiction both parties have continuously resided in for at least 30 days.

Step 2-Publication of Notice

The notice of intended marriage submitted by the parties will be made public by the marriage officer by being posted in a prominent location within the marriage officer’s office. Anybody can object to the marriage within 30 days of it being published after it is published. After 30 days have passed since the notice was published, the marriage will be consummated by the marriage officiant if no objections are raised.

Step 3- Objection to marriage, if any

Within thirty days of the notice of the intended marriage being published, anyone may object to the marriage by court order. If someone believes that a marriage would violate any requirements for a court marriage, they can submit an objection to the marriage officer. On the other hand, the opposition to marriage ought to be grounded in law rather than sentiment. Within 30 days of receiving the objection, the marriage officer is required to inquire about it. When there are no conditions to marriage that are broken, the marriage officer can solemnize the marriage after finding out about the objection.

Step 4- Declaration by parties and witnesses

The parties are required to appear before the marriage officer and provide a declaration in the event that there is no objection to the marriage or the marriage officer dismisses the objection. In front of the marriage officer, the parties to the marriage and three witnesses must present the declaration in accordance with the third schedule of the Act. The declaration will be countersigned by the marriage officer as well.

Step 5 – Place of Marriage

The marriage can occur at the marriage officer’s office or at any other location that the parties mutually agree upon that is within a reasonable travel time. The extra costs as specified must be paid by the parties if they decide to have the marriage formally performed somewhere else. Whatever format the parties decide on can be used to solemnize the marriage.

Step 6- Certificate of marriage

Following the solemnization of the marriage, the marriage officer will provide the certificate of marriage. The marriage certificate needs to be signed by the couple as well as three witnesses. The marriage is conclusively proven by the marriage certificate. The marriage certificate book will be filled in with the details of the marriage by the marriage officer.

Conclusion:

Court marriage in India is a hassle-free and legally valid option for couples seeking to formalize their union. By understanding the process and necessary documents, couples can navigate the court marriage system with ease and start their journey into marital bliss. It’s crucial to consult with the local marriage registration office for specific requirements in your jurisdiction to ensure a seamless process.

Written By:- Avichal Singhal Adv.