Court marriage in India is conducted under the Special Marriage Act, 1954, allowing inter-caste, inter-religious, and international marriages. It provides a legal and secular way for couples to marry in the presence of a Marriage Officer and three witnesses, without any religious rituals.
Conditions for Court Marriage
As per Section 4 of the Special Marriage Act, 1954, the following eligibility conditions must be met:
🔹 No Existing Valid Marriage
- Neither party should have a living spouse at the time of marriage.
- If previously married, a divorce decree or death certificate of the spouse is required.
🔹 Free Consent
- Both individuals must give free and valid consent without any coercion.
- They should be of sound mind and capable of making legal decisions.
🔹 Legal Age Requirement
- Bridegroom: Minimum 21 years.
- Bride: Minimum 18 years.
🔹 No Prohibited Relationship
- The couple must not be within the prohibited degree of relationship, as per their respective personal laws.
Documents Required for Court Marriage
To complete the legal process, the following documents are mandatory:
For the Bride and Groom
- Marriage application form signed by both parties.
- Fee receipt for the court marriage application.
- Age proof (Birth Certificate, SSLC book, or educational certificates).
- Residential proof (Aadhar Card, Voter ID, Ration Card, or Driving License).
- Affidavit stating:
- Marital status (unmarried/divorced/widowed).
- Date of birth.
- Confirmation of no prohibited relationship.
- Passport-size photographs (two copies each).
- If divorced or widowed:
- Divorce decree or spouse’s death certificate.
For Witnesses (Three Required)
- One passport-size photograph each.
- Identity proof (Aadhar Card, PAN Card, Driving License, or Passport).
For Foreign Nationals
- Copy of passport with a valid visa.
- Proof of residence in India for at least 30 days (SHO report or residence certificate).
- No Objection Certificate (NOC) or Marital Status Certificate from the respective embassy or consulate.
Affidavit Requirements
Each party must submit a separate affidavit containing:
Date of birth.
Marital status (Unmarried/Divorced/Widowed).
Declaration confirming no prohibited relationship between the couple.
Court Marriage Fees
- The fee for court marriage varies by state but typically ranges from ₹500 to ₹1000.
- Couples should check the applicable fee in their respective states before filing the application.
Court marriage is a simple, legal, and efficient way for couples to marry without any religious or caste-based restrictions. It ensures legal recognition of the marriage and protects the rights of both individuals under the Special Marriage Act, 1954.
