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Writer's pictureLead India
Dec 9, 20233 min read

Is Court Marriage Valid Marriage?

The institution of marriage has experienced substantial changes, with the frequency of court marriages being one of the new trends. A relevant question is raised as more and more couples choose this legal pathway: Is a court marriage a respectable and legal kind of marriage?


Court Marriage: About

A legal union between two people that takes place in a court of law is called a court marriage. It is different from religious or customary ceremonies and is controlled by certain laws. The process entails filing an official application, supplying the required paperwork, and performing the marriage ceremony in front of a magistrate or other authorized official.

Guidelines for Court Marriage

A court marriage requires adherence to certain laws and regulations, as per Section 4 of the Special Marriage Act of 1954. The following are the Indian Court Marriage Registration Rules:

  • There shouldn't be any prior marriages between the parties. The only exceptions are when the ex-spouse has been granted a divorce or is not living.

  • The court marriage requires the free consent of both parties. It is improper to obtain consent from someone who is mad, mentally incompetent, etc.

  • To get a court marriage, both parties must be of legal marriageable age. It is recommended that the boy be 21 years old and the girl be 18 years old.

  • According to the prohibited degrees of marriage, neither party to a judicial marriage should be related to the other. Only in the event that one of the partners' customs permits it, would the marriage be officially registered.

Documents for Court Marriage

It is best to be aware of the paperwork required for the entire court marriage process before moving on to the procedural section. The documents required of each spouse under the Special Marriage Act of 1955 are listed below. 

  • Four pictures the size of passports

  • Application Form for Residential Proof of Date of Birth Proof

  • Two (both major) witnesses

  • Verification of Witness Identity 

  • Verification of Witness Permanent Residency

Court Marriage Procedure

  • Giving the Registrar a 30-day notice before getting married in court is the first stage in the process. It must be filed to the Registrar of the District whereby any of the partners resides, following the format requirements outlined in Section 5 of the Special Marriage Act.

  • The notice was received by the registrar, who then displayed it in case there were any complaints. Further actions will take place if there isn't a protest raised against the marriage. The judicial marriage cannot proceed if an objection is made and found to be legitimate.

  • According to Section 12 of the Special Marriage Act, the bride, groom, and two witnesses must sign a declaration form in front of the marriage registrar or at a place that is somewhat close to the registrar's office. It must be stated in the declaration that the parties are moving forward with the court marriage voluntarily.

  • The specifics of the court marriage are specified on the court marriage certificate by the marriage registrar once all the formalities have been fulfilled. This is in accordance with the rules outlined in the Special Marriage Act's Schedule IV. It takes 15 to 30 days to issue the certificate.

Benefits of Getting Married in Court

  • Affordable union with a straightforward process

  • Saves the enormous costs associated with wedding ceremonies and rituals

  • The marriage can be formally dissolved in any manner desired by the parties.

  • Guarantees the agreement of the parties

A marriage officiated by a marriage officer is known as a court marriage. As a result, the bride and groom are bound by the terms of their legal marriage. The marriage is attested to by the marriage certificate that the marriage officer issues.


The information about the Special Marriage Act of 1954 is the legal framework under which Court marriage are solemnized. There are court marriages occurring within the judicial system by various Court marriage lawyers. in order to quickly detect any possibility of fraudulent consent or strange patterns in the behavior.


One can talk to lawyers from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.


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