Amay Vinay Mishra | Advocate | High Court & Family Court Lucknow | Phone. 0522 2050077 | Mobile. +91 9935 176411 | +91 9455 555111

Procedure of Courte Marriage

1. Court marriage as you call it is solemnized under the Special Marriage Act, 1954 all such marriages can take place between any two Indian citizens as well one Indian citizen with a foreigner irrespective of their religion, caste or creed, and you can say this is the secular form of marriage available in our country. Such a marriage is solemnized before the Marriage Officer . Any of the parties to such a marriage reside permanently or for at least 30 days. Now how you proceed? You have to engage a lawyer who would move a joint application for marriage before the marriage officer along with individual affidavit attested by notary public specifying the age. The court will put up a notice of 30 days to invite objection ( if any one has objection to both of you getting married) and if no objection is received or if any objection received its must be investigated and resolved within an additional 30 days. For Solemnization of marriage, presence of both parties with 3 witness is required after submission of documents of issuance of notice of intended marriage. We have made such an application/notice to the marriage officer in person along with all the 3 witnesses. On receiving such an application/notice the marriage officer issues a month notice regarding the intended marriage & get such a notice affixed on the notice board out side his office, a copy of such notice is sent to the marriage officer under whose jurisdiction the other party lives, also a copy is to the individual parties address. After expiry of the period of notice a date is fixed on which all the persons parties to the marriage & 3 witnesses appear again before the marriage officer who declare them married & issue a certificate to this regard. In case of any objections raised the marriage officer will settle these objections. Now what can be objections that can be raised? These can ONLY BE REGARDING THE CONDITIONS NECESSARY FOR SUCH MARIAGE & NOTHING ELSE. What are the conditions? As I stated above i.e. Age, martial status, mental status, prohibited relationship (related to each other by blood). Both of you can get have court marriage on the appointed date .You will have to take 3 witnesses with you on that day also. its call Court Marriage. This is the brief & general procedures I have told you here.It’s always better to engage a lawyer to get such marriage solemnized to avoid any legal impediments which he will be able to handle.

2. You can also get married at any permitted venue like Arya Samaj Mandir,Temple, Gurudwara or any other Legalized place or organization by a priest. Then you can engage a lawyer who would move a joint application for Registration before the Marriage Registrar. A marriage which has already been solemnised can be registered either under the Hindu Marriage Act,1955 or under the Special Marriage Act, 1954. The Hindu Marriage Act is applicable in cases where both husband and wife are Hindus,Buddhists, Jains or Sikhs or where they have converted into any of these religions. Where either of the husband or wife or both are not Hindus, Buddhists, Jains or Sikhs the marriage is Registered under the Special Marriage Act, 1954..For registration of marriage, presence of both parties with 3 witnesses is required after submission of documents of issuance of notice of intended marriage. Its call registered marriage.Further, marriage can be solemnised between any two persons under the provisions of the Special Marriage Act, 1954.


Documents Required for solemnization of Court Marriage

  • Passport size Color photographs of both parties the bride and the groom (5 copies each of Marrying Persons).
  • Date of Birth Proof of both parties (Photo copy of Matriculation Certificate Or Birth Certificate only) each of Marrying Persons.
  • Residential Proof or Address proof (Voter Card / Passport / Aadhar Card/ Ration Car / Driving License / Bank Passbook / Lease Deed /      Rent Deed) of Marrying Persons.
  • ID proof (Photo copy of D.L/Voter ID Card / Aadhar card / Passport / Pan Card/ etc).
  • The bridegroom should be the age of 21 years and bride of 18 years.
  • Three Witnesses.
  • If any party is divorcee Certified copy of Decree of Divorce granted by the Court.
  • If any party is widow / widower Death Certificate of the dead spouse.
  • If any party is a Foreign Citizen or holding a foreign Passport or is having foreign residential address - Certificate of Present Marital Status      of the party / No Impediment Certificate / NOC from concerned Embassy and Valid VISA.