How to get a court marriage in India

A court marriage in India refers to a marriage that is solemnized and registered under the Special Marriage Act, 1954. It is a civil registration of marriage and does not require any religious ceremonies to be performed. Here is a step-by-step guide on how to get a court marriage in India:

1. Eligibility Criteria

To be eligible for a court marriage in India, the bride and groom must:

Be Indian citizens who reside in India. NRIs can also apply if they are present in India at the time of applying.
Have completed the minimum age of marriage which is 21 years for males and 18 years for females.
Be of sound mind and not already married to someone else.
Not be related to each other within the prohibited degrees of relationships as specified by law.

2. Required Documents

Both partners will need to provide the following documents when applying for court marriage:

Proof of date of birth – Passport, birth certificate, 10th standard certificate
Residence proof – Voter ID, Aadhaar card, rent agreement, passport
4-5 passport sized photographs
If divorced, divorce decree or certificate
If widowed, death certificate of spouse
No objection certificate from parents or guardian if applicant is below 21 years

3. Procedure

Decide the state and district where you wish to register your marriage. Apply at the office of Sub-Divisional Magistrate (SDM) or Additional District Magistrate (ADM) in that district.

Fill the application form with personal details of both partners. Declare you are not related and there are no legal objections to the marriage.
Submit relevant documents along with passport sized photos and registration fee of approximately Rs. 100-200.
Notice of intended marriage will be published/posted at the office for 30 days. You can request to skip this notice period if you have an urgent situation.
After expiry of notice period, both partners along with 3 witnesses will have to be present before the ADM for solemnization and registration.
Oaths will be administered to both partners confirming consent and legal capacity to marry. Declarations will be signed.
Marriage certificate will be issued on the same day under the Special Marriage Act, 1954. This will act as legal proof of marriage.

4. Name Change (Optional)

The bride can opt to take her spouse’s name or retain her maiden name after marriage. No documents are required for this.
To change name in passport after marriage, apply for reissue of passport and provide marriage certificate as proof of name change.
Notify all other organisations (banks, insurance companies, Aadhaar etc.) to change name in their records. Submit marriage certificate copy as document evidence.

5. Registration of Hindu Marriage (Optional)

Under the Hindu Marriage Act 1955, Hindu couples can also optionally register their court marriage at a local marriage registrar’s office within 4 weeks of ceremony.
Apply with marriage photographs, invitation cards, marriage certificate copies and affidavit stating all rites were performed.
Certificate of registration will be issued on payment of registration fees.
This registration establishes evidence of marriage as per Hindu rites.

6. Important Tips

Verify eligibility criteria and required documents for marriage registration before applying.
Book appointment for marriage registration in advance at the office.
Reach court on given date and time with all documents and witnesses.
Check marriage certificate issued carefully for accuracy before leaving SDM office.
Apply for registration of Hindu marriage within the time limit if you wish to do so.
Keep 5-6 certified copies of marriage certificate for future documentation needs.

A court marriage in India is a straightforward process that requires submitting an application with necessary documents to the ADM office for solemnization and registration of marriage. Ensure all paperwork is complete to avoid any delays or objections. The marriage will be registered on the same day under the Special Marriage Act and certificate issued immediately. It provides full legal validity to the interfaith or civil union without need for any religious ceremony.