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Jul 203 min read

The Procedure For Marriage In Any Indian Court

Court Marriages In India Are Done In Accordance To The Provisions Of  Special Marriage Act, 1954. As Per The Act Of 1954, Marriages Could Be Solemnised In The Court Or In The Presence Of A Marriage Officer And Three Witnesses. While Marriages Are Solemnised In Accordance To One Customs Could Involve A Number Of Customary Practices And Could Be Time-Consuming. 

Eligibility For The Court Marriage-


Persons Of Different Genders, Belonging To Any Caste, Religion, Place Etc. Could Marry Through The Procedure Provided By The Court. Certain Conditions Have Been Mentioned Which Are Required To Be Fulfilled For A Couple To Register For Court Marriage In Mumbai Or Any Other Part Of The Country.-

  • No Pre-Existing Marriage Should Be There,  Even In Case There Was, No Living Spouse Should Be There, I.E.The Person Who Has Applied For Court Marriage, If He/She Was Married Earlier, Then At The Time Of The Marriage Should Be Either A Divorcee Or A Widower/Widow.

  • The Male Must  Have Completed The Age Of 21 Years While The Female Shall Be More Than 18 Years Old Or Above.

  • The Parties Filing For Court Marriage Must Not Fall Within The Degrees Of Prohibited Relationship, Unless The Customs Governing At Least One Of The Parties Permits So.


Procedure For  Court Marriage In India-


Provided Under Chapter Ii Entitled As “Solemnization Of Special Marriages”, The Process For Court Marriage Could Be Understood As Follows-


  • Notice For Intended Marriage


As Has Been Mentioned Under Section 5 Of The Act, A Notice Is Required To Be Given To The Marriage Officer. The Parties Would Have To Provide The Notice For Court Marriage In Writing And In The Form Which Has Been Prescribed Under The Second Schedule To The Marriage Officer. The Marriage Officer So Mentioned Must Have Jurisdiction Over The Area Where At Least One Of The Parties To The Marriage Should Have Resided For A Period Not Less Than 1 Month. 


Documents Required: 


  • Application Form Must Be Duly Filled And Signed By The Parties To The Court Marriage.

  • Receipt Of Fees Paid For An Application Form

  • Documents Proving Date Of Birth Of Both Parties To The Court Marriage.

  • Documentary Evidence Proving The Stay In The Area Falling Under Jurisdiction Of The Marriage Officer.

  • Affidavits From Both Parties To The Court Marriage Regarding- 

  • Date Of Birth Of The Parties

  • Present Marital Status Of The Parties I.E. If  Unmarried, Divorcee Or Widow/Er

  • Affirmation From The Parties That They Do Fall Not Within The Degrees Of Prohibited Relationship As Per The Act.

  • Passport Sized Photos Of The Parties To Be Duly Attested By A Gazetted Officer.

  • Publication


The Marriage Officer Would Publish The Notice In Some Inconspicuous Part Of His Office.True Copies Of The Notice Would Have To Be Kept In The Marriage Notice Book.If The Parties Do Not Reside In The Area Falling Under The Jurisdiction Of The Marriage  Officer, Then He Would Send The Copies Of The Notice To Be Published In His Office.


  • Objection 

  • As Has Been Provided Under Section 7 Of The Act, Any Person Can  Raise An Objection To The Notice Of Court Marriage Which Has Been Published In The Office Of The Registrar. Such Objection Could Be Raised On The Grounds Provided Under Section 7  Of The Act.

  • Objection So Raised Must Be Within A Period Of 30 Days Of The Publication Of The Notice.

  • The Objection Raised Will Then Be Recorded In The Marriage Notice Book By The Marriage Registrar.

  • Mentioned Under Section 8 Of The Act,, A Marriage Officer Has A Period Of 30 Days To Enquire About The Validity Of The Objections So Raised.

  • The Marriage Must Be Solemnised In Case The Objection Raised Was Not Found To Be Valid.

  • However, In Case The Objection So Raised Was Found Valid By The Marriage Officer, Then The Marriage Can’t Be Solemnised In The Court, However The Matter Could Be Taken Into Appeal Before The District Court By The Parties Concerned.

  • Place Of Solemnisation


As Provided Under Section 12 Of The Act, A Marriage Could Be Solemnised At The Office Of The Marriage Officer Or At A Place Which Falls Within A Reasonable Distance.


Marriage Will Be Valid Only If Both Parties In The Presence Of The Marriage Officer Affirm That They Are Ready To Get Married To Each Other In The Presence Of Three Witnesses.


  • Certificate Of Marriage

A Marriage Certificate Would Be Issued Which Would  Contain The Name Of The Parties, Witnesses, And The Marriage Officer As Well As Their Signatures, Including The Date Of Marriage.


Mentioned Above Is The Procedure Required To Be Followed For The Court Marriages In India. For Further Information, It Is Necessary That You Talk To A Lawyer Or Seek Free Legal Advice From Experienced Advocates Regarding The Court Marriages In Delhi Or Court Marriages In Mumbai At Lead India.


Visit us: — www.leadindia.law

Call Us: +91–8800788535


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