Answer By law4u team
Court marriage in India is a legal process governed mainly by the Special Marriage Act, 1954 when the couple opts to marry without any religious ceremonies or belongs to different religions. The question of whether court marriage can be done in one day depends on the procedural requirements laid down by this Act and practical realities. Basic Legal Procedure Under the Special Marriage Act 1. Notice of Intended Marriage: The couple must give a written notice to the Marriage Registrar of the district where at least one of the parties has resided for at least 30 days prior to the notice. This notice declares their intention to marry. 2. Publication and Objection Period: After the notice is given, the Marriage Registrar publicly displays the notice for 30 days at the office and on a public notice board. During this time, anyone who has a valid objection to the marriage can raise it before the Registrar. 3. Waiting Period: The law mandates this 30-day period primarily to allow objections on valid grounds such as existing marriages, age, or relationship between the parties. 4. Marriage Ceremony: If no objections are received within 30 days, the marriage can be solemnized by the Marriage Registrar. The ceremony takes place in the presence of at least three witnesses, and the marriage is registered. Can Court Marriage Be Done in One Day? Given the above, legally, the marriage cannot be registered or solemnized on the same day the notice is filed because of the mandatory 30-day notice period. This period is a crucial part of the legal safeguard to prevent forced or fraudulent marriages. Exceptions and Practical Realities If the 30-day period has already been completed in the same district (for example, if the notice was already given earlier or in another jurisdiction but the Registrar accepts it), and all documents are in place, the marriage solemnization and registration could be done quickly. Urgent or special cases: Courts can sometimes waive or reduce the notice period if there is an immediate threat to the life or safety of the parties involved. This requires filing a writ petition or special application before a High Court seeking exemption from the notice period. Such cases are exceptional and decided on a case-by-case basis. Other personal laws: If a couple marries under their personal religious laws (Hindu Marriage Act, Muslim Personal Law, etc.) with a traditional ceremony, they can be legally married the same day. But this is not the “court marriage” under the Special Marriage Act. What Does This Mean for Couples? Planning Ahead: For couples opting for court marriage under the Special Marriage Act, it is essential to plan at least 30 days ahead to comply with the legal requirements. Documentation: Ensuring all required documents (proof of age, address, marital status, photographs, affidavits) are ready will avoid delays once the 30-day notice period is over. Filing the Notice: Once the notice is filed, it is a waiting game unless special legal relief is granted by a court. Summary No, under normal circumstances, court marriage cannot be done in one day because the Special Marriage Act mandates a 30-day notice period. Special exceptions exist but require judicial intervention and are not the norm. Traditional religious marriages can happen the same day but are different from court marriages under the Special Marriage Act.
