Having A Court Marriage? Here's A Step-By-Step Guide | POPxo

Thinking Of Having A Court Marriage But Don't Know How? Here's A Step-By-Step Guide

Thinking Of Having A Court Marriage But Don't Know How? Here's A Step-By-Step Guide

Many couples today have become conscious of not having a grand five-day wedding because of many factors. They may not be having the means to throw an elaborate bash, may not be willing to spend all that money on a wedding or maybe thinking of the environment and the amount of waste opulent bashes generate. 

If you're considering having a court wedding too but don't know the procedure then we've got a step by step guide for you to follow. 

Disclaimer: It's a lot more than just signing a piece of paper and being pronounced man and wife.

Everything That A Court Marriage Entails

From the documents required to the prerequisites of getting married in the Indian court of law, we've got all the details for you.

What are the prerequisites for a court marriage?

The court marriage rules are given under Section 4 of the Special Marriage Act and both the individuals have to meet the essential conditions prescribed in the act before mutually entering or signing the Civil Marriage Contract. 

  • No pre-existing marriage- Neither the male nor female can bound by a pre-existing marriage unless the person has obtained a divorce from the spouse or he/she is no more. 
  • Valid consent- The people must be given free consent for Court Marriage which means that none of the parties intending to do Court Marriage should be incompetent of giving valid consent due to unsound mind or any other factor.
  • They should be of legal marriageable age- For men the legal age is 21 years and for women, it is 18 years.
  • Prohibited Degrees Of Relationships- The parties to be married should not be related to each other under the prohibited degrees of marriage. This is unless it's valid in the customs or traditions of the religion of any of the two parties.

What all documents do you need for a court marriage?

Without certain documents, the legal marriage process in court would not be possible so carrying these is essential:

  • Marriage Application form duly signed by both bride and groom
  • Receipt of fees paid along with the application form
  • Date of birth proof of both bride and groom (Class 10th Certificate/Passport/Birth Certificate)
  • Residential address proof (Aadhar Card/Voter Card/Ration Card/Driving Licence)
  • An affidavit, one each from both the bride and groom

The affidavit about Court Marriage must contain the following:

- Date of birth

- Marital Status (Unmarried, divorced or widowed)

- A statement affirming that the parties are not related to each other under the prohibited degree of relationships

- 2 passport size photographs of both bride and groom

- Copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower

 

Who can be the witness at your wedding?

A family member, a friend, colleague, can be a witness to a court marriage. There must be three witnesses for the solemnization of valid Court Marriage.

Documents required from the witness:

  • Residential proof of the witness
  • PAN Card of the witness
  • One passport size photograph from each of the three witnesses
  • An identification document of the witnesses such as Driving Licence, Aadhar Card, etc.

 

What is the procedure of a court marriage in India?

There are six steps when it comes to a court marriage in India:

Step One: Notice of Intended Marriage

The first step is acquiring the notice of the intended marriage. One has to send a written notice to the marriage registrar showing the intention of the parties to marry each other. One needs to send the notice to the office of the marriage registrar, in whose district either of the party resides for a minimum of 30 days before sending the notice.

Step Two:  Publishing of Notice

The notice sent to the office of the marriage registrar shall be published by the marriage officer by affixing it to a place in his office which is clearly visible while keeping the original copy of the notice in his notice book. 

Step Three: Objection to Marriage

Any person who has an objection to the marriage so intended can raise the objection within 30 days from the date of publication of notice by the marriage registrar. If the registrar finds the objection raised is correct then the process for the marriage will end. But if he/she finds the objection unjustified then the court marriage will be proceeded with.

Step Four: Declaration by Parties and Witnesses

After this, the declarations need to be signed by the parties and witnesses. Before the Court Marriage is finalized, the Court Marriage form has to be signed by the parties along with three witnesses declaring that the parties are doing the marriage with free consent. The declaration Court Marriage form has to be signed in the presence of the marriage registrar.

Step Five: Place and Form of Solemnization

The solemnisation of Court Marriage can take place at the office of the marriage registrar or any other place at a reasonable distance. You can even solemnise the procedure by filling up an online form. The Court Marriage application online includes the payment procedure of Court Marriage fees to complete it.

Step Six: Procedure for Marriage Certificate

Once the solemnization of the marriage takes place according to the rules and regulations of Court Marriage, the marriage registrar enters the details of the marriage, in the marriage certificate. The Court Marriage certificate is proof of a valid marriage statement signed by the parties and their witnesses. It can even be downloaded online. 

So, ready to tie the knot in a civil ceremony? 

Featured Image: WeddingNama Instagram

Start your 2020 right with our cool new planners and statement-making sweatshirts that are fun, fab and 100% you! Psst... there's an additional 20% off too, so head to POPxo.com/shop and take it up a POP!