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Jul 15, 20233 min read

What Are The Rules For Court Marriage In India 2023?

Court marriages in India, unlike customary marriages, are performed according to the provisions of Special Marriage Act, 1954. According to the Act of 1954, marriage can be solemnized in court or in the presence of the respective marriage officer and three witnesses.


Mentioned below are some of the rules that must be followed when applying for court marriage. In addition to the rules and procedures mentioned below, if there are any doubts left, it is advised that you seek legal guidance from an experienced advocate around you.


Eligibility-

Two people of different genders, from any caste, religion, place, etc., are allowed to marry through the Court.

Certain conditions have been provided under the respective Act that must be fulfilled for two persons to register for court marriage:

  • There should be no pre-existing marriage; even if there was, no living spouse should be there, i.e., if the person applying for court marriage was married earlier, then at the time of the marriage, he or she should be either a divorcee or a widower.

  • The male should have completed the age of 21 years, and the female should be more than 18 years old or older.

  • The parties filing for court marriage should not be in a prohibited relationship. Provided that the customs governing at least one of the parties allow it.

Documents required:

  • Application form duly filled and signed by the parties to the Court marriage

  • Receipt of the fees paid for the application form

  • Objection documents proving the date of birth of both parties.

  • Documentary evidence showing the stay in the area under the jurisdiction of the marriage officer

  • Affidavits from both parties regarding

  • Date of birth;

  • current marital status of the parties, such as whether they are single, divorced, or widowed;

  • Confirmation that the parties are not within the scope of a prohibited relationship as per the Act.

  • Passport-size photos of both parties duly attested by a gazetted officer

Procedure for a Court Marriage

As provided under Chapter II, titled “solemnization of special marriages”, the Court marriage process could be understood as follows:

  • Notice for intended marriage

The marriage officer receives a notice in accordance with Section 5 of the Act. The notice must be given by the parties to the marriage officer in writing and in the format specified in the Second Schedule. The location where at least one of the parties has lived for a period of not less than one month shall be under the authority of the aforementioned marriage official.

  • Publication

The notification will then be posted in a discreet area of the marriage officer's office. All true copies of the notices would be kept in the marriage Notice Book. If the parties are not residing in the area of the officer, he shall send copies of the notice to be published in his office.

  • Objection

  • Under Section 7 of the Act, any person can raise an objection to the notice of marriage published in the office of the registrar. The objection can be raised on the grounds mentioned in Section 7 of the Act.

  • Such complaints must be raised within 30 days of the notice's publication.

  • The objection raised shall be recorded in the marriage Notice Book by the Marriage Registrar.

  • A marriage officer has 30 days to investigate the legality of such objections under Section 8.

  • The marriage shall be solemnized if such an objection is not found to be valid.

  • However, if the objection raised was found valid by the Marriage officer, then the marriage won't be solemnized in court, but the matter can be taken into appeal before the District Court by the parties concerned.

  • Place of solemnisation

As provided under Section 12 of the Act, marriage could be solemnized at the office of the Marriage officer or at a place within a reasonable distance. Marriage will be valid only if both parties, in the presence of the marriage officer, say that they are ready to get married to the other party and if three witnesses are also present.

  • Certificate of marriage

The marriage certificate issued will contain the names of the parties, witnesses, and the marriage officer, as well as their signatures, including the date of marriage.


The procedure for court marriage, as could be understood from the above discussion, is quite simple. However, to avoid any unnecessary delay, it is advised to seek legal assistance from an experienced advocate.


A marriage certificate so issued is an important document and would be required for a number of legal procedures. Parties can apply for marriage registration even if they had their marriage solemnized through customary practices or performed an Arya Samaj marriage.


Lead India offers you a team of experienced advocates who have been successfully assisting parties with various legal matters, including court marriages, having their marriage registered, for civil or criminal cases, etc. If you wish to talk to a lawyer or seek free legal advice, you may contact us.


Call Us: +91–8800788535


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