Court Marriage Rules And Procedure In India

Court marriages are gaining more and more acceptability in society as court marriages are less expensive , expedient and recognised by the state and have validity all over the world 

Moreover On October 25, 2007, the Supreme Court of India ruled that all marriages must be registered without any exception for any religion. The court directed all states and union territories to enact legislation within three months to make registration of all marriages compulsory.

Laws Governing Court Marriages

The Hindu Marriage Act, 1955 : 

When marriage is  solemnized  between  Hindus, Buddhists, Jain or Sikhs or when they are converted into any of these religions, they will be considered under this registration Act.

The Special Marriage Act, 1954 :

Whereas, this act lays down the procedure for both solemnization and registration of marriage where either of the party or both are not Hindus, Buddhists, Jain or Sikhs.

Special   Marriages conducted by a marriage officer under the Special Marriage Act are also eligible for registration

There is little difference between court marriage and marriage registration generally people consider both as the same . Though the end result is same for both i.e registration of marriage but court marriage is a procedure for unmarried couple and marriage registration is done after marriage 

Court Marriage

Court marriage is a formal procedure where a couple gets married in a court or under the authority of a judicial officer. Court marriage is a legal method of marriage recognized by the state, court marriage is often performed when the couple wants to avoid traditional or religious ceremonies.

Marriage Registration

Marriage registration is the process of officially recording a marriage in a government or legal registry. This can be done through various means, including after a traditional or religious ceremony.

Key Differences Between Court Marriage And Marriage Registration

Process: Court marriage is a specific type of marriage where the legal ceremony is conducted in a court or in a similar setting whereas Marriage registration can follow any marriage ceremony (court marriage, religious marriage or any  traditional marriage ) and is the act of recording that marriage with the authorities.

Procedure: Court marriage is a complete process in itself, while marriage registration is a step that typically follows after a marriage has been conducted.

Purpose: Court marriage is about the marriage ceremony in court and its immediate legal recognition, while marriage registration is about ensuring the marriage is officially recorded for future legal and administrative purposes.

Conclusion: In essence, court marriage is a specific method of marrying legally, while marriage registration is a necessary administrative process that ensures the marriage is officially documented.

Procedure for court marriage 

• Application: The couple submits a marriage application to the local court or a marriage registrar for court marriage
• Documents: Couples need to provide certain documents for court marriage  such as proof of identity, proof of age, and  proof of residence.
• Declaration: For court marriage , couple usually appears before a judge or marriage officer to declare their intention to marry.
• Witnesses: Witnesses are required to perform the court marriage ceremony 
• Notice period  : One month notices is placed at the notice board before performing court marriage for inviting objections to the court marriage which is to be performed after one month
• Certificate: A marriage certificate is issued as proof of court marriage.

Procedure for marriage Registration

• Application: The couple submits on line  application to the registering authority   for registration of marriage
• Documents: Couples need to provide proof of already performed   marriage  and proof of identity,  proof of age,  and  proof of residence.
• Declaration: For  marriage registration, a couple usually appears before a marriage registering officer to obtain a marriage registration certificate.
• Witnesses: Witnesses are  required to attend the  marriage registering officer 
• Certificate: A marriage registration certificate is issued as proof of marriage.

Documents Required For Marriage Registration

1. Passport Size photos of Husband & Wife (5 photos Each).
2. Aadhar Card and or Voter Card of Husband and Wife
3. Address Proof of Bride and Groom – Voter Card / Driving License / Passport / Bank Passbook with photograph ( Any One Proof Required )
4. Marriage Invitation Card or Marriage Document of Gurudwara or Arya Samaj Temple
5. Age Proof of Husband and Wife  – Birth Proof / 10th Pass Document / Driving License / Passport (Any One Proof Required)
6. 2 Witnesses with Aadhar Card
7. Divorce Decree in case of any or both Bride and Groom are divorcee.
8. Death Proof / Document of previous spouse in case of widow or widower.
9. 2 Marriage photograph of husband and wife

Eligibility Criteria For Marriage Registration Under Hindu Marriage Act

1. Both the parties should belong to Hindu, Buddhist, Sikh or Jain religions.
2. Neither party should have a spouse living at the time of marriage.
3. Both the parties should be of sound mind, capable of giving valid consent, fit for marriage and procreation of a child.
4. Male should have completed the age of 21 years and female should have completed the age of 18 years at the time of marriage.
5. Parties should not come within the degree of prohibited relationship unless the custom or usage governing each of them permits a marriage between the two.
6. Parties should not be sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two

Marriage Registration : Provides a government-issued document (marriage certificate) that validates your marriage and grants you legal rights and benefits associated with being a married couple.

Benefits of Marriage Registration

• Legal Security: Provides a strong legal foundation for your marriage, protecting your rights in areas like inheritance, property ownership, and succession.
• Simplified Processes: A registered marriage certificate simplifies future legal processes that require proof of marriage, such as applying for visas or loans together.
• Dispute Resolution: In case of disagreements or disputes, a registered marriage offers stronger legal standing.
• Economical & Affordable: Court marriage is less expensive and affordable to all.
• Fast Procedure  : Process of  marriage registration is expedient.
• Validity : Valid Everywhere in the world.

NOTE :

• Court marriage is not allowed for Same-sex as same sex marriage is not currently legal in India.

Conclusion

Court marriages are a practical, cost-effective, and globally recognized way for couples to formalize their union. Since the Supreme Court of India’s 2007 mandate requires all marriages to be registered, understanding the legal framework and required procedures is crucial. Whether you’re opting for a court marriage or registering a marriage after the ceremony, the process can be complex. Partnering with a trusted firm like LegalCrusader ensures a smooth and legally sound marriage registration. LegalCrusader offers expert guidance to help you navigate these legalities, securing the vital legal foundation your marriage needs.