Court Marriage

Court Marriage Rules and Procedure in India 2023

Court Marriage Overview
Court marriage is a legal process that allows two partners to marry under the supervision of a court, regardless of their religion or caste. It is governed by various laws in India, including the Special Marriage Act, Hindu Marriage Act, Anand Marriage Act, and the Indian Christian Marriage & Divorce Act. According to Article 21 of the Indian Constitution, everyone has the right to marry the person of their choice. Unlike traditional marriages that involve rituals and ceremonies, court marriages are conducted in the presence of a marriage registrar and witnesses within a courtroom setting.

 

Court Marriage Overview

Court marriage is a legal process that allows two partners to marry under the supervision of a court, regardless of their religion or caste. It is governed by various laws in India, including the Special Marriage Act, Hindu Marriage Act, Anand Marriage Act, and the Indian Christian Marriage & Divorce Act. According to Article 21 of the Indian Constitution, everyone has the right to marry the person of their choice. Unlike traditional marriages that involve rituals and ceremonies, court marriages are conducted in the presence of a marriage registrar and witnesses within a courtroom setting.

Eligibility Criteria for Court Marriage

To be eligible for court marriage, both partners must meet specific criteria:

  • Age Requirement: The minimum age for court marriage is 21 years for males and 18 years for females, as per Indian law.
  • Mutual Consent: Both partners must willingly consent to the marriage without any force or pressure.
  • Non-Prohibited Relationships: The partners must not be related in a way that is prohibited by their religion or by Indian law.
  • No Active Relationships: Neither partner should be currently married to someone else. If they were previously married, they must provide a divorce decree or death certificate of their former spouse.

Important Documents Required for Court Marriage

Both partners and witnesses must provide specific documents for the court marriage process:

For Male & Female Partners:

  • Identity Proof: PAN Card, Driving License, or Passport.
  • Address Proof: Aadhar Card, Rent Agreement, Voter ID Card, Gas Bill, or Electricity Bill.
  • Birth Proof: Class 10 Marksheet or Birth Certificate.
  • Divorce Decree: Required if either partner was previously married and divorced.
  • Death Certificate: Required if one of the partners was previously married and their spouse has passed away.
  • Photos: Six passport-size photos of both male and female partners.

For Witnesses:

  • Identity Proof: PAN Card, Driving License, or Passport.
  • Address Proof: Aadhar Card, Rent Agreement, Voter ID Card, Gas Bill, or Electricity Bill.
  • Photos: Two passport-size photos for each witness.

Important Laws for Court Marriage & Marriage Registration

  1. Special Marriage Act, 1954
    The Special Marriage Act allows marriages between partners of different religions or castes without traditional rituals. The process takes about 30 days to complete, and parental approval is necessary.

  2. Hindu Marriage Act, 1955
    Applicable to Hindus, including Sikhs, Jains, and Buddhists, this act allows for quick marriage registration within 3-4 hours. The marriage must first be performed in an Arya Samaj Temple, followed by registration in court.

  3. Marriage of Muslim Partners
    Marriages between Muslim partners are registered under Muslim Personal Laws. The marriage, or Nikah, is first performed and documented by signing a Nikah-Nama before it is registered in court.

  4. The Indian Christian Marriage Act, 1872
    Applicable to Christian partners, this act requires the marriage to first take place in a church in the presence of a priest and witnesses before it is registered in court.

  5. Parsi Marriage & Divorce Act, 1936
    This act governs marriages between Parsi partners. The marriage is first conducted according to Parsi customs and then registered in court.

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