Marriage Registration Certificate is issued to both Husband and Wife whose marriage has already been solemnised. The Registration is done under 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
Court Marriage is a civil contract, and hence, there are no rites or ceremonial requirements. As per law – The parties have to file Notice of Intended Marriage in the specified form to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given; Practically – Marriage Registrars only accepts application from marrying persons in which case at least one of the parties has residence proof of the place of his jurisdiction.
Condition for the Court Marriage Act:
The Act mentions that a marriage between two persons can be legally recognized, if the following circumstances are satisfied at the time of marriage:
- Neither of the two parties should have a spouse living at the time of marriage.
- Neither of the two should be incapable of giving a suitable consent to the marriage due to unsoundness of mind.
- Neither of the party should suffer from mental disorder of such a kind or to such an extent that is unfit for marriages and the procreation of children.
- Neither party should have been subjected to repeated attacks of epilepsy or insanity.
- At the time of marriage the groom should attain the age of 21 years and the bride should be of 18 years of age.
- Both the parties should not come within the degrees of prohibited relationship; provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees
FAQs —
1. What is the difference between marriage registration and court marriage?
Marriage registration refers to documenting an already-performed marriage with the government, while court marriage is the marriage itself, conducted directly before a marriage officer without traditional rituals.
2. Is court marriage legally valid across India?
Yes. Court marriage is legally recognized throughout India and provides couples with an official marriage certificate issued by the competent authority.
3. Can inter-caste or inter-religion couples opt for court marriage?
Yes. Court marriage is a neutral and inclusive process that allows couples of different castes, communities, or religions to marry without any religious ceremony.
4. Is a religious ceremony required before marriage registration?
No. If opting for a court marriage, a religious ceremony is not required. If a couple chooses a traditional ceremony, they can register it afterward with the relevant authority.
5. How many witnesses are needed for court marriage?
Generally, two witnesses are required to confirm the identity and consent of the couple. Witness requirements may vary slightly depending on local regulations.
6. Do both partners need to be physically present for marriage registration?
Yes. Marriage registration and court marriage both typically require the physical presence of both partners for identity verification and consent.
7. Which marriage certificate is accepted for official purposes?
The certificate issued after court marriage or government registration is accepted for official purposes including travel, banking, documentation, and legal verification.
8. Can NRI or foreign nationals apply for marriage registration or court marriage in India?
Yes. Many couples with one or both partners living abroad choose marriage registration or court marriage in India. However, they may need to provide additional identity or residential documents depending on the situation.
9. How long does it take to complete marriage registration?
Timelines vary based on the office and region, but many couples complete the process within a few days to a few weeks, depending on documentation and appointment availability.
10. Do couples need parents’ approval for court marriage?
No. As long as both individuals are consenting adults, they may proceed independently without requiring parental approval.
