Step-wise Court Marriage Procedure in Delhi: Special Marriage Act 1954

In this blog we try and provide step wise instruction for solemnization of a court marriage under section 13 of Special Marriage Act, 1954 in Delhi (procedure or documentation or other aspects may vary with jurisdiction and content contained herein is intended, but not promised or guaranteed, to be suitable, correct, complete, and up-to-date and is subject to change). This procedure does not require any religious ceremonies and partners irrespective of their religion wanting to get married can do so on average within a 35-45 day period. There are however the following restrictions applicable for court marriages through the Special Marriage Act 1954:

marriage.

Neither party should have a spouse living at the time of marriage. Both the parties should be of sound mind, capable of giving valid consent, fit for marriage and procreation of a child. Male should have completed the age of 21 years and female should have completed the age of 18 years at the time of Parties are not within the degrees of prohibited relationship Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship.

Stage I: Filing of application form and preparation of required documents

Parties need to locate the ADM office in whose jurisdiction their application will be accepted - this is based upon the residential proof available with husband and wife. Applicants need to fill application forms, prepare necessary affidavits and collect required documents. Exact documentation required to be submitted varies depending on jurisdiction and individual case by case basis. The following is a broad guide of documents generally required for Court Marriage in Delhi: Documentary evidence of date of birth of both the parties: Matriculation Certificate / Birth Certificate / Passport (depending on your jurisdiction). *Note:

1. 2. 3. 4. 5.
widower.

Both husband and wife should have completed 21 Years of age at the time of registration of marriage.
Residential proof of husband and wife: Ration card / Election ID card / Passport and Driving License (depending on your jurisdiction). *Note:

At least one party should have proof of residence of over 30 days in Delhi to get marriage registered in Delhi.
Photographs: Passport size photographs of both parties (3 copies each) Separate affidavits from husband and wife on Rs.10/- non-judicial stamp paper duly attested by Notary Public or Oath Commissioner Certified copy of divorce/decree/order: Applicable in case of a divorcee and death certificate of spouse in case of widow/ In case wife wants to add husbands surname/ change her surname: A joint affidavit sworn by both husband and wife regarding change of name duly attested by notary public. Self attested photo copies of PAN card and Voter ID/ Ration Card/ Passport/ Driving License of 3 (three) witnesses In case one of the partners is a foreign national: - A certificate from the Embassy concerned regarding his/her present marital status. - Valid Visa documents should also be attached.

6. 7.
8.

All the photocopies of required documents and photographs need to be attested by a Gazetted Officer.

Stage II: Submission of completed application and notice period

The completed application needs to be submitted to the office of concerned ADM and timings for submitting the forms are different with each ADM Offices. *Note:

1.) It is compulsory for both husband and wife to be present at time of submission of application; 2.) All original documents are required at the time of submitting the application form; 3.) Self attested photo copies of PAN card and Voter ID/ Ration Card/ Passport/ Driving License of 3 (three) witnesses
After submitting the forms, applicants are given a date and time by clerk of the concerned ADM office for appearance before marriage registrar for solemnization of marriage. This date depends upon the demand for court marriages / the availability of the registrar and is given on a first cum first serve basis. A notice of intended marriage (with photographs and details) will be published on the notice board of office of concerned ADM for a period of 30 days. *Note:

During course of the procedure of solemnization under Section 13 of the

Special Marriage Act 1954, any person may file an objection to the intended marriage within 30 days of issue of notice on public notice board.
The office of the concerned ADM will send communication regarding the application to the parties residential address / circle police station. The purpose of such a notice is to verify the information and ask for any objection from concerned persons. Stage III: Appearance before concerned registrar on date of appearance

documents.

On the date of appearance, both parties have to appear before marriage registrar *Note:

All original documents

are required at the time of registration of marriage.

3 witnesses will also need to be present along with couple during the procedure on date of appearance for court marriage Next step is to deposit a registration fee of Rs. 150/- and complete formalities of matching name spellings and tallying After examination of documents and application forms and parties, registrar will ask the parties to take an oath in front of him - the format of oath will be provided. After satisfying that no one has any objection with respect to the said marriage, Registrar will ask the parties to sign the marriage certificate and counter sign the same. *Note:

In cases where such a objection is filed, the SDM shall not solemnize the marriage until he has decided on the validity of the objection raised within 30 days of receipt of the objection. Valid objections include age of any of the parties intending to get married or the bride is too closely related to the groom (parties are within the prohibited degrees of relationship) or that either party has a living spouse. ADM will not solemnize the marriage until he has inquired into the matter of the objection and is satisfied that it ought not to prevent the solemnization of the marriage or the objection is withdrawn by the person making it. In cases where a valid objection is found after enquiry and the ADM refuses to solemnize the marriage, any of the parties may file an appeal within 30 days to the District Court.

After showing the receipt of Rs. 150/-, the marriage certificate is handed over to the newly married couple on the same day.

Incase you have any further questions, please feel free to post your questions on our website where one of the many experts available can help you: www.easylaw.in.