Marriages in court differ greatly from traditional marriages, which are usually celebrated in front of all family members and relatives while complying with customary rituals. Marriages conducted in court are usually conducted in the presence of a marriage officer. The marriage of any two eligible persons requires three witnesses in a court ceremony. Formalizing the marriage does not require any rituals. An official witness and three witnesses are sufficient.
According to the Special Marriage Act of 1954, court marriage is governed by rules and regulations. Additionally, court marriages make it possible for individuals of different genders to marry, regardless of caste or religion. The state does not even require the couple to be Indian citizens. It is permissible to marry one Indian and one foreign national.
Registering your marriage
A marriage registration certificate is an official document that states that two people have married. A Hindu marriage can be registered either under the Hindu Marriage Act, of 1955 or under the Special Marriage Act, of 1954. Regardless of the type of marriage, the marriage registration certificate acts as legal proof that both parties are married. In 2006, the Supreme Court made marriage registration mandatory to preserve women’s rights. A marriage registration certificate can have many benefits, therefore.
After marriage, a marriage registration certificate is required when applying for a passport or opening a new bank account. Many embassies and travel agencies also require a copy of the marriage registration certificate when applying for visas or traveling abroad. As a result, a couple moving abroad after getting married requires a marriage registration certificate.
India’s Court Marriage Regulations:
- A couple should not have a pre-existing marriage. In either case, the previous spouse must be still alive or the divorce has already been granted.
- For the court marriage to take place, both parties must consent free of charge. Insane, unsound of mind, etc. people shouldn’t give consent.
- The parties should both be of legal marriage age. A boy must be at least 21 years old and a girl must be 18 years old.
- Both parties to a court marriage should not be related under forbidden degrees of marriage. In such cases, the marriage is solemnized only if the custom of the parties permits it.
Marriage Registration in India: Rules and Regulations
- When the parties are married, neither should have a legally recognized spouse living with them.
- Neither party should have consented because they were unsound of mind. The consent of both parties is valid provided neither of them is suffering from any mental disorder.
- It is no good if they suffer from recurrent epilepsy attacks of insanity.
- In order to marry, the bride must be 18 years old and the groom must be 21 years old.
- Unless each of them permits marriage between them according to their own customs or traditions, the two should not be in the category of prohibited relationships.
- It isn’t possible for the couples to be genetic relatives (sapindas) unless tradition or custom permits them to marry.
A court marriage requires the following documents:
- Form signed by both bride and groom
- Wedding and groom date of birth proof
- Proof of residential address
- The receipt of the application fee is enclosed with the application.
- Please provide two passport-size photographs of the bride and groom.
- Obtain a copy of the divorce decree or order in the case of a divorcee and the death certificate of the spouse in the case of a widow or widower.
- The bride and groom each must submit an affidavit. Information required on the affidavit: Date of birth
- An unmarried, divorced, or widowed status
- It confirms that both parties are not related to each other under any prohibited degree of relationship.
Marriage registration documents include:
Proof of marriage
The invitation to your wedding or a receipt from a temple.
Identification & Address Proof
A driver’s license, ration card, passport, or visa for an employee
Proof against aging
Certificates of birth, school or college, visas, passports.
Click on the TNREGINET website to download your marriage certificate online.