Court marriages in India can be performed between any two individuals, regardless of religion or creed, and take place before a marriage officer without customary traditions; they require documents proving identity, age, marital status, and 30 days' notice, as well as witnesses; prohibited degrees of relationship that forbid marriage include direct ancestors, descendants, siblings and their descendants, and relatives through legitimate or illegitimate blood or adoption.

2. Court marriages are solemnised under the
Special Marriage Act, 1954.
Court marriage can be performed between :
 an Indian male and a female irrespective of
their caste, religion or creed.
 an Indian and a foreigner
NOTE: This Act doesn’t apply to Jammu and
Kashmir.

3. Court Marriages in India are different than the
traditional marriages as they place in court in the
presence of a Marriage Officer without following
the traditions in a customary marriage. You don’t
need a customary celebration to solemnize your
wedding in case of Court Marriage in India.

4.  Pre requisites of a court marriage
 Documents
 Witness
 Documents of witness
 Fees

5.  1. No Existing Marriage : There should be no existing marriage .
Neither party has a spouse living.
 2. Free Consent: The parties must have given free consent for
Court Marriage. Neither party is of unsound mind or suffering
from a mental disorder. Both the parties should be capable to give
free consent.
 3. Fit for Procreation: Neither party unfit for the procreation of
children
 4. Age: Male: 21 years , Female : 18 years

6.  5. Prohibited Degree of Relationship: Both the
bride groom cannot share their common ancestors
or be blood relatives. In accordance to the act ,
there are 37 relations forbidden, in which no
wedding can be performed between them. The
parties of Court Marriage should not be related to
each other under the prohibited degree of
marriage under SCHEDULE-1 of the Act.
 Provided where a custom governing at least one of
the parties permits a marriage between them, that
marriage may be solemnised irrespective of the
relationship falling within the Degree of Prohibited
Relationships.

7. 1. Marriage Application form duly signed by both
bride and groom
2. Receipt of fees paid along with application form
3. Proof of Date of birth of both bride and groom
(Class10th certificate, birth certificate)
4. Residential Address proof of both bride and
groom (Aadhar card/ voter ID card/ Ration card/
Driving Licence
5. Affidavit one each from both bride and groom.

8.  Date of birth
 Marital Status whether unmarried, divorced or
widowed
 A statement affirming that the parties are not
related to each other under the degree of
prohibited relationships.
 2 passport size photographs of both bride and
groom
 Copy of divorce decree/order in case of a divorce
and death certificate of spouse in case of
widow/widower

9.  Any person can be a witness such as a family
member, a family friend, a colleague or a friend
 No. of witness required: 3
 Documents of witness required are as follows:
a) Residential proof
b) PAN card
c) One passport size photograph of each witness
d) An identification document ( DL/Aadhar card
etc.)

10. 1. Notice of Intended marriage
2. Publishing of notice
3. Objection to marriage
4. Declaration by parties and witnesses
5. Place and form of solemnisation
6. Procedure for marriage certificate

11.  The marriage officer of the district must first be
informed of the intention to marry . The notice
is given to the marriage officer of the district in
which at least one party must have stayed for
30 days immediately before the date when the
notice is served.
 For example bride groom are in Shimla but
wish to register marriage in Delhi , than atleast
one of them must travel to Delhi , 30 days
before the intended date and live there until the
date of the marriage.

12.  The Marriage Officer of the district to whom
the notice has been served publishes the notice
at a conspicuous place in the office and one
copy in the office of the district where the other
party permanently resides.

13.  Who can Object? : Any person can raise objections to the
marriage based on the grounds listed in section 4 of the act.
 To whom the objection is raised?: Marriage Officer of the
concerned district.
 Time limit to raise objection: Before the expiration of 30
days from the date on which any such notice has been
published.
 If objection’s are accepted: The marriage officer must
within 30 days from the date of the objection make inquiries
and if the objections are found to be true, the marriage
cannot be solemnised.
 Appeal: An appeal to the district court within the local
limits under the jurisdiction of the Marriage Officer can be
filed by either party if objections are accepted by the
Marriage officer within 30 days from the refusal to
solemnise a marriage.

14.  Both the parties and three witnesses in the
presence of Marriage Officer will sign the
declaration drafted on the format given in
schedule III

15.  The place of marriage is either the office of
marriage officer or any other place within a
reasonable distance.
 The marriage may be solemnised in any form
which the parties may choose to adopt.
Provided that it shall not be complete and binding
on the parties unless each party says to the other in
the presence of Marriage Officer and three
witnesses and in any language understood by the
parties . “ I (A) take the (B) to be my lawful
wife/husband.”

16.  When the marriage has been solemnise the
Marriage Officer shall enter a certificate thereof
in the form as provided in Schedule IV and that
certificate shall be signed by the parties to the
marriage and the three witnesses. This
certificate of marriage shall be the conclusive
evidence of the fact that a marriage under this
act is solemnised and all the formalities as per
this act are complied with.

17.  Whenever a marriage is not solemnised
 within 3 months from the date on which notice of
marriage given to Marriage Officer u/s 5 or where
appeal filed under sub section 2 of sec 8,
 within 3 months of the date of the decision of the
district court on such appeal or where the record of a
case has been transmitted to Central Government u/s
10
 Within 3 months of from the date pf decision of the CG
the notice and all other proceeding arising therefrom
shall be deemed to have lapsed
 And no marriage officer shall solemnise the marriage
until a new notice ahs been given as per the act.

18.  Part I
1. Mother
2. Father’s Widow (Step Mother)
3. Mother’s Mother
4. Mother’s Father’s Widow(Step Grand-Mother)
5. Mother’s Mother’s Mother
6. Mother’s mother’s father’s widow(step-great-grandmother)
7. Mother’s Father’s Mother
8. Mother’s Father’s Father’s Widow(Step Great-grand-mother)
9. Father’s Mother
10. Father’s Father’s widow(Step grand-mother)
11. Father’s Mother’s Mother
12. Father’s Mother’s Father’s Widow(Step Great-grand-mother)
13. Father’s Father’s Mother
14. Father’s Father’s Father’s widow (Step great-grant-mother)
15. Daughter

19. 16 Son’s widow
17 Daughter’s daughter
18 Daughter’s son’s widow
19 Son’s daughter
20 Son’s son’s widow
21 Daughter’s daughter’s
daughter
22 Daughter’s daughter’s son’s
widow
23 Daughter’s Son’s Daughter
24 Daughter Son’s Son’s Widow
25 Son’s Daughter’s Daughter
26 Son’s Daughter’s Son’s
Widow
27 Son’s Son’s Daughter
28 Son’s Son’s Son’s widow
29 Sister
30 Sister’s Daughter
31 Brother’s Daughter
32 Mother’s Sister
33 Father’s Sister
34 Father’s Brother’s Daughter
35 Father’s Sister’s Daughter
36 Mother’s Sister’s Daughter
37Mother’s Brother’s Daughter

20.  Part II
1. Father
2. Mother’s Husband (step father)
3. Father’s Father
4. Father’s Mother’s Husband (Step Grand-father)
5. Father’s Father’s Father
6. Father’s father’s mother’s husband (step-great-grand-father)
7. Father’s mother’s father
8. Father’s mother’s mother’s husband (step-great-grand-father)
9. Mother’s father
10. Mother’s mother’s husband(Step grandfather)
11. Mother’s father’s father
12. Mother’s father’s mother’s husband ( step great-grandfather)
13. Mother’s Mother’s father
14. Mother’s Mother’s Mother’s Husband ( step great-grandfather)
15. Son

21. 16 Daughter’s husband
17 Son’s son
18 Son’s daughter’s husband
19 Daughter’s son
20 Daughter’s daughter’s husband
21 Son’s Son’s Son
22 Son’s Son’s Daughter’s Husband
23 Son’s Daughter’s Son
24 Son’s Daughter’s Daughter’s
Husband
25 Daughter’s Son’s Son
26 Daughter’s Son’s Daughter’s
Husband
27 daughter’s daughter’s son
28 Daughter’s Daughter’s
Daughter’s Husband
29 Brother
30 Brother’s Son
31 Sister’s Son
32 Mother’s Brother
33 Father’s Brother
34 Father’s Brother’s Son
35 Father’s Sister’s Son
36 Mother’s Sister’s Son
37 Mother’s Brother’s Son

22. a) A relationship by half or uterine blood as well as
by full blood
Full Blood: descendant from a common
ancestor by the same wife ,
Half Blood: descendant from a common
ancestor but by different wives.
Uterine Blood: descendant from a common
ancestress but from different husband
b) Illegitimate blood relationship as well as legitimate
c) Relationship by adoption as well as by blood

23. Suneha Sharma
Company Secretary
CS, LL.B, Mcom
Ph: 91-8527601428