Marriage is a sacred union that binds two individuals together in love and commitment. In India, couples have the option to choose between various types of marriages, with court marriage and registered marriage being two popular choices. Although they both serve the purpose of legalizing a marriage, they differ in the procedures involved and the legal implications. Let’s explore the distinctions between court marriage and registered marriage to help you understand which option may be suitable for you.
Court Marriage
Court marriage, also known as civil marriage, is a legal procedure that takes place before a marriage officer or a magistrate at the district court. It is governed by the Special Marriage Act, 1954. This type of marriage is often chosen by couples from different religions, castes, or states who face social or familial challenges to their union.
Requirements for Court Marriage
Notice of Intended Marriage: The process begins with the couple giving a written notice of their intention to marry to the marriage officer. This notice is then publicly displayed on the notice board of the marriage registrar’s office for 30 days.
Objections and Inquiry: During the 30-day notice period, any person can raise objections to the marriage if they have legitimate reasons. The marriage officer investigates the objections, and if found baseless, the marriage can proceed after the completion of the notice period.
Declaration and Oath: On the day of the marriage, both partners, along with three witnesses, must appear before the marriage officer. They declare that they are of marriageable age, not within the prohibited degrees of relationship, and that the marriage is their free will. An oath is taken, and the marriage certificate is signed.
Marriage Certificate: Once all formalities are completed, the marriage officer issues a marriage certificate, which is a vital legal document validating the marriage under Indian law.
Registered Marriage
Registered marriage, also known as a marriage certificate registration, is the process of legally recording a marriage under either the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954. Unlike court marriage, it does not require any solemnization before a magistrate or marriage officer. Couples who opt for a traditional wedding ceremony or any other religious rituals can also register their marriage separately to ensure legal recognition.
Requirements for Registered Marriage
Eligibility Criteria: To register a marriage, both partners must fulfill the legal eligibility criteria, such as being of marriageable age, mentally sound, and not already married.
Application Process: The couple must submit an application to the sub-registrar or marriage registrar in the jurisdiction where the marriage took place. The application should include the necessary documents, such as identity proofs, address proofs, photographs, and the wedding invitation card (if applicable).
Witness Requirement: During the registration process, two witnesses must be present to attest to the marriage.
Marriage Certificate: After verifying the documents and completing the registration process, the couple is provided with a marriage certificate, which serves as legal proof of their marriage.
Where to Apply for Registered Marriage
To register a marriage, the couple must visit the nearest sub-registrar’s office or the marriage registrar’s office, depending on their area of residence. The application process can vary slightly from state to state, so it is advisable to inquire about the specific requirements from the local authorities.
Mandatory Documents for Registered Marriage
The following are some essential documents that are typically required for registering a marriage:
-Marriage Registration Application Form
-Identity Proofs of Both Partners (e.g., Aadhar card, passport, voter ID)
-Address Proofs of Both Partners (e.g., Aadhar card, utility bills)
-Passport-sized photographs of both partners
-Wedding Invitation Card (if available)
-Marriage Affidavit, stating that both partners are not married to anyone else
-Divorce Decree (if either partner was previously married)
Conclusion
In conclusion, while court marriage and registered marriage both provide legal recognition to a couple’s union, they differ in the procedures involved. Court marriage requires solemnization before a marriage officer, making it a preferred choice for couples facing social or religious barriers to their union. On the other hand, registered marriage involves the legal documentation of a marriage without the need for solemnization, allowing couples to opt for separate traditional wedding ceremonies if they desire. Couples should carefully consider their preferences and circumstances before choosing the appropriate type of marriage to ensure that their union is legally recognized and protected under Indian law.