Welcome to Court Marriage by Delhi Law Firm (Regd.)
DOCUMENTS REQUIRED FOR COURT MARRIAGE & REGISTRATION OF MARRIAGE
- Documentary evidence of date of birth of both parties (Matriculation Certificate/Birth Certificate/ Passport Only/ any other relevant proof).
- Copy of Voter I.D. Card/ Ration Card/ Passport or any other relevant document for residential proof.
- Aadhar Card (if available).
- Passport Size Photographs of both parties (6 each).
- In case of foreign national, certificate from the concerned Embassy regarding his or her present marital status (in original) Note if Embassy not issued then verification by "Delhi Law Firm".
- Divorce Decree/Death Certificate of spouse in case of window/widower.
- Two witnesses for Hindu Marriage Act. (any I.D./Pan Card & Address Proof with 3 Passport Size Photographs).
- Three witnesses for Special Marriage Act. (Any I.D. & Address Proof).
- if you are applying under Muslim Law then both witnesses should be Muslim.
- if you want same day court marriage then pay Rs. 10,000/- and get marriage certificate same day using, 'TATKAL' service
In compliance with a ‘Supreme Court order in 2006’, Delhi government has introduced ‘TATKAL’ service ensuring a single-day authorization of marriages.
Special Marriage Act, 1954
The Special Marriage Act, 1954 is an Act of the Parliament of India enacted to provide a special form of marriage for the people of India and all Indian nationals in foreign countries, irrespective of the religion or faith followed by either party. The Act originated from a piece of legislation proposed during the late 19th century.
In 1872 Act III, 1872 was enacted but later it was found inadequate for certain desired reforms, and Parliament enacted a new legislation. Henry Sumner Maine first introduced Act III of 1872, which would permit any dissenters to marry whomever they chose under a new civil marriage law. In the final wording, the law sought to legitimize marriages for those willing to renounce their profession of faith altogether ("I do not profess the Hindu, Christian, Jewish, etc. religion"). Overall, the response from local governments and administrators was that they were unanimously opposed to Maine’s Bill and believed the legislation encouraged marriages based on lust, which would inevitably lead to immorality.
The Special Marriage Act, 1954 replaced the old Act III, 1872. The new enactment has 3 major objectives:
- To provide a special form of marriage in certain cases,
- to provide for registration of certain marriages and,
- to provide for divorce.
- Any person, irrespective of religion.
- Hindus, Muslims, Buddhists, Jains, Sikhs can also perform marriage under the Special Marriage Act, 1954.
- The Muslim, Christian, Parsi, or Jewish religions can also perform marriage under the Special Marriage Act, 1954.
- Inter-caste marriages are performed under this Act.
- This Act is applicable to the entire territory of India (excluding the states of Jammu and Kashmir) and extends to intending spouses who are both Indian nationals living abroad.
- The marriage performed under the Special Marriage Act, 1954 is a civil contract and accordingly, there need be no rites or ceremonial requirements.
- The parties have to file a 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.
- After the expiration of thirty days from the date on which notice of an intended marriage has been published, the marriage may be solemnized, unless it has been objected to by any person.
- The marriage may be solemnized at the specified Marriage Office.
- Marriage is not binding on the parties unless each party states "I, (A), take thee (B), to be my lawful wife (or husband)," in the presence of the Marriage Officer and three witnesses.
- Each party involved should have no other subsisting valid marriage. In other words, each party should be monogamous.
- The bridegroom must be at least 21 years old; the bride must be at least 18 years old.
- The parties should be competent in regards to their mental capacity to the extent that they are able to give valid consent for the marriage.
- The parties should not fall within the degree of prohibited relationship.
Hindu Marriage Act
Section 2 of Hindu Marriage Act, 1955 say:
- This Act applies -
- to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj;
- to any person who is a Buddhist, Jaina or Sikh by religion; and
- to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.
This section contemplates application of the Act to Hindu by religion in any of its forms or Hindu within the extended meaning i.e. Buddhist, Jaina or Sikh and, in fact, applies to all such persons domiciled in the country who are not Muslims, Christians, Parsi or Jew, unless it is proved that such persons are not governed by the Act under any custom or usage. Therefore, the Act will apply to Hindu outside the territory of India only if such a Hindu is domiciled in the territory of India.
The Act was viewed as conservative because it applied to any person who is Hindu by religion in any of its forms, yet clumps other religions together into the act (Jains, Buddhists, or Sikhs) as specified in Article 44 of the Indian Constitution. This Act also applies to any person who is a permanent resident in the jurisdiction where this Act applies who is not Muslim, Jew, Christian, or Parsi by religion. However, with the passage of Anand Karj marriage act, Sikhs now also have their own personal law related to marriage.
Section 5 of Hindu Marriage Act, 1955 states:-
"Section 5. A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely-
- neither party has a spouse living at the time of the marriage
- at the time of the marriage, neither party-
- is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
- though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
- has been subject to recurrent attacks of insanity or epilepsy;
- the bridegroom has completed the age of twenty-one years and the bride the age of eighteen years at the time of the marriage;
- the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
- the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two."
Marriage of a female less than 18 years of age or a male of less than 21 years of age. Marriage is voidable and not void. Marriage will become valid if no steps are taken by such "child" seeking declaration of marriage as void.
The conditions Marriage can be solemnized between two Hindus if neither party has a living spouse at the time of marriage;The conditions also stipulate that at the time of the marriage, neither party is incapable of giving valid consent or suffering from a mental illness that inhibits their fitness for marriage or procreation of children or suffering from recurrent episodes of insanity or epilepsy. In the original Act, the age of valid marriage was fixed at 18 for the boys and 15 for the girls, however this age requirement was later raised to 21 and 18 respectively for the boys and the girls through the Child Marriage Restraint (Amendment) Act 1978. Finally, the Act specifically disallows marriages between prohibited degrees of relationships.