‘Special Marriage Act, 1954’ governs the procedure for court marriage in India. Court marriage can be performed between two parties (belonging to the same or different nations) irrespective of their caste, religion or race.
In order to get a marriage certificate the interested parties can apply to the Marriage Registrar.
Steps for procedure for court marriage
Step 1: A notice of intended marriage has to be filed in the specified form to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given.
Step 2: The Registrar of Marriage then puts up the notice inviting objections if any.
Step 3: After the expiration of 30 days from the date on which notice of intended marriage has been published, if it’s not objected by any person then the marriage may be performed.
Step 4: The marriage may be performed at the specified marriage office.
Step 5: On the date of registration/ marriage both parties along with three witnesses are required to be present.
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Notice of intended marriage
Documents required for court marriage
- Application form duly filled and signed by the bride and the groom
- Document evidence of the date of birth of both the parties (matriculation certificate/ passport/ birth certificate)
- Receipt of fees paid with respect to the application form in the District Court
- Document evidence regarding stay in Delhi of one of the parties for more than 30 days (ration card or report from the concerned Station House Officer).
- Separate affidavits from bride and groom giving- date of birth, present marital status (unmarried/widower/ divorcee).
- Affirmation that the parties are not related to each other within the degree of prohibited relationship defined in the Special Marriage Act.
- Passport size photographs of both parties (2 copies each) duly attested by a gazetted officer.
- Copy of divorce decree/order in case of a divorcee and death certificate of spouse in case of widow/widower.
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Documents required in case of foreign national:
- A copy of passport and visa
- A certificate of NOC or marital status certificate from the concerned embassy
- One of the parties should produce documentary evidence regarding stay in India for 30 or more days (proof of residence or report from the concerned SHO).
