Court Marriage in India

Court marriage in India is a legal union under the Special Marriage Act, 1954, offering a secular and straightforward process. Whether you’re a Hindu couple, opting for an Arya Samaj ceremony, or marrying a foreign citizen, this guide covers all eligibility criteria, procedures, and FAQs to ensure compliance with Indian law.

Eligibility Criteria for Court Marriage

For a valid court marriage in India, both parties must meet these requirements:

• ✅ Citizenship: Both partners must be Indian citizens (exceptions apply if one is a foreigner; see below).
• ✅ Age: Groom must be ≥21 years; bride must be ≥18 years.
• ✅ Marital Status: Neither party should have a living spouse.
• ✅ Mental & Physical Health: Both must be mentally sound and free from unsoundness of mind or epilepsy.
• ✅ Prohibited Relationships: Must not be within degrees of forbidden kinship (e.g., siblings).

Court Marriage Procedure for Hindus

Follow these steps for a hassle-free court marriage under Hindu law:

1. Submit Notice: File a “Notice of Marriage” with the SDM (Sub-Divisional Magistrate) or Marriage Registrar. At least one partner must reside in the district for 30+ days.
2. Public Notice: The SDM publishes the notice for 30 days to invite objections.
3. Objection Period: If no objections arise within 30 days, proceed to solemnize the marriage.
4. Registration Day:
   • Visit the Marriage Registrar’s office with 3 witnesses.
   • Carry original + Xerox copies of all documents (see checklist below).
   • Sign the declaration before the Registrar.
5. Receive Certificate: The marriage certificate is issued post-verification.

Documents Required for Court Marriage

Age Proof (Both Partners):

• SSC certificate, birth certificate, passport, or civil surgeon’s affidavit.

Address Proof (Any One):

• Aadhaar, voter ID, passport, electricity bill, or ration card.

Marriage Proof:

• Wedding invitation card.
• Marriage photos (2 passport-sized + 1 wedding photo).

Witness Documents:

• 3 witnesses with valid ID (Aadhaar, voter ID) + passport-sized photos.

Pro Tip: Carry original + photocopies of all documents to avoid delays!

Arya Samaj Marriage: Simplified Process

Arya Samaj weddings are ideal for quick, traditional ceremonies. Here’s how to proceed:

1. Document Preparation: Gather age/address proofs (Aadhaar, birth certificate).
2. Book Appointment: Contact a government-registered Arya Samaj Mandir.
3. Wedding Rituals: Attend with vermala, mangalsutra, sweets, and 2 witnesses.
4. Certificate Issuance: The mandir priest provides a marriage certificate post-ceremony.
5. SDM Registration: Schedule an online appointment with the SDM office. Submit the Arya Samaj certificate, photos, and witness documents to obtain the legal marriage certificate.

Court Marriage with a Foreign National

Eligibility:

• One partner must be Indian.
• Meet age, mental health, and marital status criteria.

Documents for Foreign Partner:

• Passport copy + valid visa.
• NOC/marital status certificate from their embassy.
• Divorce/annulment decree (if previously married).

Procedure:

1. Submit a 30-day residency proof (Indian partner’s address).
2. Publish notice for objections.
3. Solemnize marriage at the Registrar’s office with 3 witnesses.

Note: The foreign partner’s national laws must not conflict with Indian marriage laws.

FAQs: Court Marriage in India

Q1. How long does it take to get a marriage certificate?
A: Typically 30–60 days, depending on the state.

Q2. Can the husband or wife apply alone?
A: Yes, either spouse can apply.

Q3. Are witnesses mandatory?
A: Yes—3 witnesses (Indian citizens) must attend.

Q4. Is physical presence required?
A: Both partners must be present before the SDM.

Q5. What are the working days for court marriage?
A: Most offices operate Monday–Saturday (excluding public holidays).

Why Choose Court Marriage?

Court marriages are transparent, legally binding, and ideal for interfaith or cross-border unions. Ensure you follow the criteria, prepare documents meticulously, and consult a legal expert for state-specific variations.

Optimize your marriage journey today with this definitive guide!