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Court Marriage: A Complete Guide

Procedure of Court Marriage

The court marriage procedure in Delhi is relatively simple. It involves submitting required documents such as age proof, residence proof, and photographs, alongside an application form at the designated court. Once the necessary documents are verified and the required fee is paid, the court sets.

What is Court Marriage?

In India, legalizing every marriage or wedding is compulsary. Court Marriage is the process by which a marriage is legalized between a Male and a Female who belongs to different religions (under Special Marriage Act 1954). However, those people who belong to same religion can also opt for Court Marriage.

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Criteria for Court Marriage

The criteria for Court Marriage is given below. Both the Boy and the Girl must meet all the requirements

  • Both the Boy and the Girl must be an Indian Citizen
  • The Boy must be 21 years in age or above
  • The Girl must be 18 years in age or above
  • Both Boy and Girl must not be married earlier
  • Both must be physically and mentally sound and healthy
  • They should not be related with the relations prohibited under law marriage before

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Procedure of Court Marriage if both are Hindu

  • Both the Boy and the Girl must be an Indian Citizen
  • The Boy must be 21 years in age or above
  • The Girl must be 18 years in age or above
  • Both Boy and Girl must not be married earlier
  • Both must be physically and mentally sound and healthy
  • They should not be related with the relations prohibited under law marriage before

Required Documents for Marriage Registration Court Marriage

To acquire marriage certificate following is a list of documents required

Husband’s Age Proof (Any One)

  • SSC Exam Certificate
  • Birth Certificate
  • Leaving Certificate
  • Civil Surgeon Certificate
  • Passport

Wife's Age Proof

  • SSC Exam Certificate
  • Birth Certificate
  • Leaving Certificate
  • Civil Surgeon Certificate
  • Passport

Address Proof (Any One)

  • Registered Rent Agreement
  • Election Card
  • Passport
  • Driving License
  • Ration Card
  • Electricity Bill

Marriage or Wedding Proof

  • Marriage or Wedding Invitation Card
  • Wedding or Marriage Photo along with 2 Passport size photo of husband and wife (Compulsory)

Three Witnesses

  • Aadhaar Card or Valid Id Card
  • Photo (Passport Size)

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Procedure for Marriage in Arya Samaj Mandir

  • Arrange the required documents
  • Schedule an Appointment in Arya Samaj Mandir (only those which are registered by the state government)
  • Carry Ver-mala, Mangal Suter, and Sweet
  • Reach on the scheduled time and the Pandit Ji in the mandir will solemnize the wedding and provide the marriage certificate after the rituals are over
  • Collect marriage photos from the Pandit or Arya Samaj trust.
  • Schedule an online appointment at the SDM office and visit there along with your marriage photo, address and age proof along with Arya Samaj marriage certificate and two witnesses.
  • SDM will Issue same to you either the same day or in 30 days depending upon the service to take

Documents Required for Arya Samaj Marriage

  • Address Proof of Boy and Girl (Aadhaar, Voter ID, Passport)
  • Age Proof of Boy and Girl (Birth certificate, 10th certificate, Passport, or Driving License)
  • Two witnesses with valid Age and Address proof

Court Marriage between a National and a Foreign Citizen

A marriage between two parties, one of whom is at least a citizen of India may be solemnized under the Special Marriage Act, in India before a Marriage Registrar or a Marriage Officer in a foreign country.

Eligibility Criteria If One of the Parties is not an Indian Citizen

  • Either one of the Boy or Girl should be a citizen of India
  • The Boy must be 21 years in age or above
  • The Girl must be 18 years in age or above
  • Neither party should have a spouse living
  • Both, the bride and Groom, must be mentally sound and healthy
  • The parties must not be within the degrees of prohibited relationship

Document Required for Court Marriage If One of the Parties is not an Indian Citizen

  • Application form which must be duly signed by both the parties
  • DOB proof of both Bride and Groom
  • Passport Copy of both Bride and Groom with valid Visa
  • Residential Proof of both Bride and Groom
  • Documentary evidence regarding stay at district in India of one of the parties for more than 30 days (Proof of stay or report from the concerned SHO).
  • N.O.C. or Marital Status certificate from the concerned Embassy or Consulate in India by a foreigner partner
  • Death certificate or divorce documents whichever is applicable, in case if one of the parties had any marriages earlier

Procedure for Court Marriage If One of the Parties is not an Indian Citizen

  • The parties to the marriage shall give the written notice as specified to the Marriage Officer of the district in which one of the parties must have resided for a period of not less than 30 days immediately preceding the date on which such notice is given, and the notice shall state that the party has so resided.
  • All documents will be verified at Marriage Registrar’s office
  • The law of the other nation must not conflict with the Indian laws
  • A notice will be published inviting objection to the marriage (if any)
  • In case of no objection during the notice period, the marriage will be solemnized in the presence of 3 witnesses
  • After the entire process, the Marriage certificate will be granted by the Marriage registrar
  • All the documents are verified at the Office of Marriage Registrar.
  • The law of other nations must not conflict with Indian laws.
  • A notice will be published for a predefined inviting objections regarding the marriage if any.
  • If no objection is made, then on the completion of the notice time, the marriage may be solemnized.
  • At least three witnesses must be present after that the marriage will be solemnized
  • Furthermore, the Marriage Certificate will be granted by the Marriage Registrar.

Frequently Asked Question

The total time is required depends on state to state.

In India, any can apply for a marriage certificate

Yes, Its Mandatory and it should be two and should be Indian.

Yes, It’s Mandatory that Boy and Girl should physically present in front of SDM.

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