Chamber No. 655, Lawyer's Block, Saket Court, New Delhi-110017
Office : D-325/4, Sangam Vihar, New Delhi-110080
Mobile : 9990649999, 9971544887, 9999889091
E-mail : courtmarriage.info@gmail.com

Court Marriage 
Certificate issued by Govt. of India

Note : Court Marriage is an easy process. Please do not contact any Middleman/Touts, Contact Directly Delhi Law Firm 

Welcome to Court Marriage by Delhi Law Firm (Regd.)

Making all the arrangements for your beautiful wedding ceremony is enough. Your marriage won't be legal unless you get it registered. This is a common procedure, which has to be followed by everyone. Find out how you can get a marriage certificate both before and after the ceremony. It is a rule that all the marriages have to be registered whether you are having a wedding ceremony or not.

If a marriage is not registered it is not considered valid during legal procedures such as, applying for a joint home loan. You could also be fined for not registering your marriage. A marriage certificate is an important proof, in case there are some problems between you and your spouse in the future and a legal action needs to be taken.
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DOCUMENTS REQUIRED FOR COURT MARRIAGE & REGISTRATION OF MARRIAGE

  1.  Documentary evidence of date of birth of both parties (Matriculation Certificate/Birth Certificate/ Passport Only/ any other relevant proof).
  2. Copy of Voter I.D. Card/ Ration Card/ Passport  or any other relevant document for residential proof.
  3. Aadhar Card (if available).
  4. Passport Size Photographs of both parties (6 each).
  5. 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".
  6. Divorce Decree/Death Certificate of spouse in case of window/widower.
  7. Two witnesses for Hindu Marriage Act. (any I.D./Pan Card & Address Proof with 3 Passport Size Photographs).
  8. Three witnesses for Special Marriage Act. (Any I.D. & Address Proof).
Note : 
  • 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:

  1. To provide a special form of marriage in certain cases,
  2. to provide for registration of certain marriages and,
  3. to provide for divorce.
Applicability 
  1. Any person, irrespective of religion.
  2. Hindus, Muslims, Buddhists, Jains, Sikhs can also perform marriage under the Special Marriage Act, 1954.
  3. The Muslim, Christian, Parsi, or Jewish religions can also perform marriage under the Special Marriage Act, 1954.
  4. Inter-caste marriages are performed under this Act.
  5. 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.
Requirements 
  1. The marriage performed under the Special Marriage Act, 1954 is a civil contract and accordingly, there need be no rites or ceremonial requirements.
  2. 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.
  3. 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.
  4. The marriage may be solemnized at the specified Marriage Office.
  5. 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.
Conditions for marriage
  1. Each party involved should have no other subsisting valid marriage. In other words, each party should be monogamous.
  2. The bridegroom must be at least 21 years old; the bride must be at least 18 years old.
  3. 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.
  4. The parties should not fall within the degree of prohibited relationship.
Discrepancies between Hindu law and the Special Marriage Act, 1954
Over a period of time, the Judiciary has noticed certain discrepancies caused by the parallel regimes of Hindu law and the Special Marriage Act, 1954. Most recently, in February 2008, the High Court issued notices to the State Governments of Punjab and Haryana seeking to amend few conflicting provisions in the Hindu Marriage Act (1955) and the Special Marriage Act, 1954. One of the conflicting provisions highlighted by the High Court was that under the Special Marriage Act, 1954, a marriage solemnized was void if either of the parties to the marriage had not attained the requisite age, but such a marriage solemnized under the Hindu Marriage Act would not be void (though punishable under the Child Marriage Restraint Act). Likewise, after attaining puberty, if a marriage is contract under the Muslim Law then such marriage is also valid and liable to be.
Succession to the property
Succession to the property of person married under this Act or customary marriage registered under this Act and that of their children, are governed by Indian Succession Act. However, if the parties to the marriage are Hindu, Buddhist, Sikh or Jaina religion, the succession to their property will be governed by Hindu succession Act.

Hindu Marriage Act

As part of the Hindu Code Bill, the Hindu Marriage Act was enacted in 1955 by the Parliament of India. The main purpose of the enactment was to amend and codify the law relating to marriage among Hindus. Beside, amendment and codification of Sastrik Law, it has introduced separation and Divorce which was earlier non-existent in Sastrik Law. This enactment brought uniformity of law for all sections of Hindus. Hindu Marriage Act is not applicable in the state of Goa.The Goa Civil Code, also called the Goa Family Law, is the set of civil laws that governs the residents of the Indian state of Goa. In India, as a whole, there are religion-specific civil codes that separately govern adherents of different religions. Goa is an exception to that rule, in that a single secular code/law governs all Goans, irrespective of religion, ethnicity or linguistic affiliation.
Applicability

Section 2 of Hindu Marriage Act, 1955 say:

  1. This Act applies -
    1. 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;
    2. to any person who is a Buddhist, Jaina or Sikh by religion; and
    3. 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.

Conditions

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-

  1. neither party has a spouse living at the time of the marriage
  2. at the time of the marriage, neither party-
    1. is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
    2. 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
    3. has been subject to recurrent attacks of insanity or epilepsy;
  3. the bridegroom has completed the age of twenty-one years and the bride the age of eighteen years at the time of the marriage;
  4. 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;
  5. 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.

Ceremonies 
Section 7 of the Hindu Marriage Act recognizes the ceremonies and customs of marriage. Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party. Such rites and rituals include the Saptapadi—the taking of seven steps by the bridegroom and the bride jointly before the sacred fire. The marriage becomes complete and binding when the seventh step is taken.
Registration
As stated in Section 8 of the Act, the state government may make rules for the registration of Hindu marriages that the parties to any of such marriages may have particulars relating to their marriages entered in such a manner and subject to such conditions as may be prescribed in the Hindu Marriage Register. This registration is for the purpose of facilitating the proof of Hindu marriages. All rules made in this section may be laid before the state legislature. The Hindu Marriage Register should be open for inspection at all reasonable times and should be admissible as evidence of the statements contained therein.

Indian Christian Marriage Act, 1872 (Special Marriage Act-APPLIED)

Foreign Marriage Act, 1969 (Special Marriage Act-APPLIED)

Muslim Personal Law  (Special Marriage Act-APPLIED)