Answer By law4u team
Court marriage in India refers to a legal marriage solemnized in front of a Marriage Officer without following any religious or traditional rituals. It is governed by the Special Marriage Act, 1954, which allows people of different religions, castes, or even nationalities to marry legally and formally, without converting or performing religious ceremonies. Key Features of Court Marriage: 1. Secular in Nature Court marriage is conducted under a civil law, not under any personal religious laws. It's open to: Inter-religious couples Inter-caste couples Indian nationals and foreign nationals 2. Applicable Law Although IPC and CrPC are now replaced by BNS and BNSS, court marriage is still governed by the Special Marriage Act, 1954, which remains valid and unchanged under the new legal structure. 3. Legal Recognition A court marriage gives full legal validity to the relationship, and the couple receives a marriage certificate issued by the government, which is proof of marriage under Indian law. Procedure for Court Marriage: 1. Notice of Intended Marriage The couple must give a 30-day written notice to the Marriage Officer of the district where at least one of them has resided for at least 30 days before giving the notice. 2. Publication of Notice The notice is published in the Marriage Officer’s office, and anyone can object to the marriage within 30 days on limited legal grounds (e.g., one party is already married, not of legal age, etc.). 3. Objection Handling If there's an objection, the Marriage Officer will conduct an inquiry and make a decision. 4. Solemnization of Marriage If no objection arises (or objection is dismissed), the marriage is solemnized in the presence of: The Marriage Officer Three witnesses 5. Marriage Certificate After the ceremony, a certificate of marriage is entered in the Marriage Certificate Book and signed by the parties and witnesses. This certificate is conclusive proof of marriage. Requirements: Age: Groom: 21 years or more Bride: 18 years or more Consent: Both parties must give free and voluntary consent. No Existing Spouse: Both must be unmarried or legally divorced/widowed. Importance of Court Marriage: Ensures legal protection for the couple. Useful in cases of interfaith/intercaste unions. Protects against forced family opposition. Simplifies procedures for visa, immigration, and foreign travel. Offers rights like maintenance, inheritance, custody, etc., under civil law.