Court marriage in India, governed by the Special Marriage Act, 1954, provides a legal framework for marriages without discrimination based on caste, color, religion, or creed. It is especially beneficial for couples from different religious backgrounds or those preferring a non-religious ceremony. Here’s an in-depth guide to the court marriage process in India as of 2024.

1- Eligibility Criteria

• Marital Status:
  – Both parties must not be married to anyone else at the time of marriage.
•  Age Requirement:
  – Bride: Minimum 18 years.
  – Groom: Minimum 21 years.
• Mental Capacity:
  – Both parties must be of sound mind and capable of giving valid consent.
• Health:
  – Neither party should suffer from any form of insanity or mental disorder.
• Prohibited Relationships:
  – The couple should not fall within the degrees of prohibited relationships unless their custom allows such a marriage.

2- Required Documents

• Application Form:
  – Signed by both parties.
• Proof of Age:
  – Birth certificate, school leaving certificate, or passport.
• Proof of Residence:
  – Aadhaar card, voter ID, passport, or utility bills.
• Photographs:
  – Two passport-sized photographs of both parties.
• Previous Marriages:
  – Divorce decree or death certificate if previously married.
• Fees Receipt:
  – Receipt of payment for the application form in the District Court.
• Affirmation:
  – Declaration that the parties are not related within the prohibited degree of relationship as per the Special Marriage Act.

3- Procedure

• Notice of Intended Marriage:
  – Submit a written notice to the Marriage Officer of the district where at least one of the parties has resided for at least 30 days before the notice.
• Publication of Notice:
  – The Marriage Officer will display the notice in a conspicuous place in their office for 30 days to invite objections.
• Handling Objections:
  – Any objections must be legally valid and can be raised within the 30-day period. The Marriage Officer will investigate and, if the objections are invalid, proceed with the marriage.
• Declaration and Witnesses:
  – Both parties and three witnesses must sign a declaration in the presence of the Marriage Officer.
• Solemnization and Certificate:
  – The marriage is solemnized in the presence of the Marriage Officer and witnesses, followed by the issuance of a marriage certificate, which serves as conclusive proof of the marriage.

4- Court Marriage Costs

• The cost of court marriage varies by state. It is essential to check the specific fees for the location where the marriage is to be solemnized.

5- Advantages of Court Marriage

• Cost-Effective: Economical and avoids the high expenses associated with traditional wedding ceremonies.
• Simplicity: Straightforward process that ensures legal recognition of the marriage.
• Flexibility: Allows couples to choose how they want to solemnize their marriage.
• Ensures Consent: Both parties willingly sign the marriage documents, ensuring genuine consent.

6- Role of a Lawyer

• Consultation: Lawyers guide the parties through the application process and legal requirements.
• Document Preparation: Assist in preparing and organizing necessary documents.
• Representation: Represent the parties in case of objections or legal hurdles.
• Scheduling: Arrange meetings with the Marriage Registrar and witnesses to finalize documentation.

7- Conclusion

Court marriages in India, conducted under the Special Marriage Act, 1954, provide a legally secure and non-discriminatory method of solemnizing a marriage. This process is carried out in a legal setting, ensuring transparency and the free consent of both parties. Engaging a lawyer can streamline the process, ensuring compliance with all legal requirements and addressing any objections efficiently.

By following this detailed guide, couples can navigate the court marriage process with confidence and ensure their union is legally recognized and protected.