Court Marriage in India: Procedure, Acts, Eligibility & Age

There are two acts under which court marriage in India is solemnized: the Hindu Marriage Act and the Special Marriage Act, 1954. Court marriages in India are deemed to perform under the Special Marriage Act, 1954. Irrespective of their religion, caste, or creed court marriage can be performed between an Indian male and a female. It might also be performed between an Indian and a foreigner. The procedure of the Court Marriage does not need the couple to perform rituals and ceremonies of traditional marriages. The parties are open to apply directly to the Marriage Registrar for performing and registering the marriage and for receiving the marriage certificate.

The enactment of the Special Marriage Act, 1954 granted a special form of marriage to the people of India. Apart from citizens of India, it included all Indian Nationals residing in foreign countries, irrespective of the religion or faith they followed. Marriages that are solemnized under the Special Marriage Act are not dominated by personal laws. 

Difference Between  Marriage under the Special Marriage Act and Hindu Marriage Act

The Special Marriage Act applies to all citizens of India, where the Hindu Marriage Act applies and not only to Hindus. According to these laws, both parties have to appear before the Registrar along with their family or guardians or other witnesses. They have to appear within one month from the given marriage date.

• The Special Marriage Act, 1954 imbibed three major objectives:-

1. To arrange a special form of marriage in specific cases.
2. Registering particular marriages.
3. To grant a divorce.

Applicability

The Act applies to the following persons:

1. Anyone, irrespective of their religion.
2. The following can perform marriage under the Special Marriage Act, 1954 – Muslims, Buddhists, Hindus, Jains, Jews, Christians, Sikhs, or Parsis.
3. Inter-religion marriages can be performed under this act.
4. Citizens of Indian territory and extend to intending spouses (Indian Nationals) living abroad.
5. Indian National residing abroad.

Requirements for Marriage under the Act

1. There are no requirements for rites and ceremonies to be performed since marriage performed under the Special Marriage Act, 1954 is a civil contract.
2. Neither party should have a living spouse.
3. Both parties should be able to give valid consent. Both spouses should have a sound mind and must be entering the marriage at their own will.
4. Though able to give valid consent, neither of the spouses should be suffering from any mental disorder or to such a limit as to be unfit for marriage and the procreation of children.
5. The Male should have completed the age of 21 and the female age of 18.

Notice of Intended Marriage

If a marriage is intended to be solemnized under this Act, the parties involved shall give notice in writing in the form mentioned in the Second Schedule to the Marriage Officer of the district. It should be submitted to the Marriage Officer of the district in which at least one of the parties to the marriage has been residing for not less than 30 days following the date on which such notice is given.

Format of notice

To the Marriage Officer of the __________ District.

We hereby give you notice that a marriage under the Special Marriage Act, 1954, is intended to be solemnized between us within three calendar months from the date hereof.

Name: ____________

Condition: _____________

Occupation: _____________

Age: ________________

Dwelling place: ___________________________________________________________________

Length of residence: _______________________________________

Permanent place of residence: _____________________________________________________

Groom’s Name (Choose One):
1. Unmarried
2. Widower
3. Divorcee

Bride’s Name (Choose One):
1. Unmarried
2. Widow
3. Divorcee

Witness our hands this ____________ day of 20__
(Signed) Groom
(Signed) Bride

Marriage Notice Book Publication

1. The Marriage Officer is responsible for keeping all the notices that are given under Section 5 along with records of his office and shall also enter a true copy of every such notice in a book that is prescribed for the same purpose known as the ‘Marriage Notice Book’. This book can be referred to in case of inspection at reasonable times. For doing so there shall be no fee as such and it can be done by any person desirous of inspecting the same.
2. The Marriage Officer should make sure that every such notice is published by affixing a copy to someplace in his office.
3. If any case comes up where either of the parties is not residing permanently within the local limits of the districts of the Marriage Officer to whom the notice has been provided according to Section 5, the Marriage Officer should make sure a copy of such a notice to be transmitted to the Marriage Officer of the district where they are residing.

Objection to Marriage

1. Before the expiration of 30 days from the date when any such notice has been published according to sub-section (2) of Section 6, any person can object to the marriage in case it would contravene one or more of the conditions specified in Section 4.
2. After the period of these 30 days, the marriage may be solemnized, only if it has not been previously objected to under sub-section (1).
3. The marriage officer is responsible for recording in writing the nature of objection in the Marriage Notice Book, it should be read over and explained if necessary, to the person objecting, and shall be signed by him or on his behalf.

Declaration by Parties and Witnesses

Before solemnizing a marriage the parties and three witnesses needs to sign a declaration in the form mentioned in the Third Schedule to this act. The declaration should be signed in the presence of the Marriage Officer and shall be countersigned by him.

• DECLARATION TO BE MADE BY THE BRIDEGROOM

I, Name Here, hereby declare as follows:

1. I am, at present, ________ (unmarried, widowed or divorcee, as the case may be).

2. I have completed ___ years of age.

3. I am not related to _____, the bride, within the degrees of prohibited relationship.

4. I am aware that if any statement in this declaration is false and if in making such statement I either know or believe it to be false or do not believe it to be true, I am liable to imprisonment and also to a fine.

Signed
___________

• DECLARATION TO BE MADE BY THE BRIDE

I, Name Here, hereby declare as follows:

1. I am, at present, ________ (unmarried, widowed or divorcee, as the case may be).

2. I have completed ___ years of age.

3. I am not related to _____, the bridegroom, within the degrees of prohibited relationship.

4. I am aware that if any statement in this declaration is false and if in making such statement I either know or believe it to be false or do not believe it to be true, I am liable to imprisonment and also to a fine.

Signed
___________

Signed in our presence by the above-named Groom Name and Bride Name. So far as we are aware, there is no lawful impediment to the marriage.

(Three witnesses)

(Countersigned Marriage Officer)

Dated: The ______ day of ______ 20__

Place and Form of Solemnization

1. The marriage can be solemnized at the office of the Marriage Officer or a reasonable distance agreed by both of the parties. In such conditions, payment of an additional fee is required.
2. Solemnization of the marriage can be done in any form which both the parties may choose to adopt: it should be complete and binding on the parties unless it is agreed in the presence of the Marriage Officer and three more witnesses and also in the language understood by the parties.

Marriage Form: Any form as the parties to the marriage choose but each party in presence of marriage officer must say:

“I, _______, take thee, ________, to be my lawful wife/husband.”

Certificate of Marriage

1. After the marriage has been solemnized, the Marriage Officer shall enter a certificate in the form mentioned in a book to be kept by him as a record of the same and to be called the Marriage Certificate Book. Such a certificate should be signed by both the parties to the marriage and also three witnesses.
2. The Certificate shall be deemed to be conclusive evidence of the marriage has been solemnized under this act and all formalities including the signatures of witnesses have been recorded.

New notice when marriage is not solemnized within three months

In case a marriage is not solemnized within three months from the date on which notice has been given to Marriage Officer as under Section 5, then the notice and all other proceedings shall be deemed to lapse, and then no Marriage Officer can solemnize the marriage. Then a new notice needs to be given to solemnize the marriage under a Marriage Officer. 

Court Marriage

Court Marriage consists of performing an oath ceremony according to the Special Marriage Act, 1954 before the Registrar of Marriage. Three witnesses should be present at the time of the ceremony. Finally, a court marriage certificate is issued directly by the Marriage registrar that is appointed by the Government of India. 

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