Procedure of Court Marriage in India

Court marriage in India has emerged as a highly opted option for various reasons. One is that it provides for marriage by civil ceremony between the parties belonging to different religions. Another reason and the most popular one is to avoid hefty expenses of a big fat wedding and choosing to marry more simply and economically.  Whatever be the reason, it is essential to know the procedure of court marriage before you set the ball rolling.

The Special Marriage Act, 1954 governs the procedure of court marriage in India.

 

Conditions for solemnizing court marriage in India

Section 4 of The Special Marriage Act, 1954 specifies certain conditions which are required to be fulfilled to solemnize a court marriage in India they are:

1. Neither party should have a living husband or wife

2. Both parties should be competent to give valid consent

3. Neither party should be unfit for procreation of children

4. The male must have completed 21 years and female 18 years

5. The parties are not within the degree of prohibited relationship as given under the First Schedule of the Act

If the parties fulfill the abovementioned conditions, then they are eligible to apply for a court marriage. Below is the procedure of court marriage, explained in 6 simple steps:

 

Step 1: Notice of intended marriage

This is the first step of the process, to inform the Marriage Officer about your intention to marry in the form specified in the Second Schedule of the Act.

As per section 5 of the Act, the notice is to be given to the Marriage Officer of the district in which at least one party has resided for 30 days immediately preceding the date on which the notice is given. For example, if one party has resided in Delhi for 15 days and another in Mumbai for 40 days then they could give the notice to the Marriage Officer in Mumbai.

Step 2: Publication of notice

As per section 6 of the Act, the Marriage Officer to whom the notice is given shall publish it by affixing the copy of the notice to some conspicuous place in his office to call for objections to such marriage.  

Step 3: Objections to marriage

According to section 7 of the Act, any person within 30 days from the date of publication of the notice can file an objection on the ground that it contravenes one or more of the conditions specified in section 4 of the Act.

If no objection has been raised within the stipulated time of 30 days, then the marriage will be solemnized. Whereas, if any objection has been made to the intended marriage then the Marriage Officer shall conduct an inquiry to arrive at a decision.

In case the Marriage Officer upholds the objection and refuses to solemnize the marriage, then either party within the period of 30 days from the date of such refusal can appeal to the District Court within the local limits of whose jurisdiction the Marriage Officer has his office.

Step 4: Signing of declaration

As stated under section 11 of the Act, before the marriage is solemnized the parties and three witnesses shall, in the presence of the Marriage Officer, sign a declaration in the form specified in the Third Schedule of the Act. The declaration shall also be countersigned by the Marriage Officer.

Step 5: Place and form of marriage

As per section 12 of the Act, the marriage may be solemnized at the office of the Marriage Officer or after the payment of an additional fee, at such other place within a reasonable distance therefrom as the parties may desire.

The form of the marriage could be as the parties may choose to adopt, but each party has to say to each other in the presence of the Marriage Officer and the three witnesses – "I, (A), take the (B), to be my lawful wife/husband."

Step 6: Certificate of marriage

Section 13 of the Act states that, after solemnization of the marriage, the Marriage Officer shall enter a certificate in the form specified in the Fourth Schedule of the Act which shall be signed by the parties to the marriage and the three witnesses. The certificate is a conclusive proof of the fact that the court marriage has been solemnized after complying all the formalities.

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