Court Marriage Debunked

Last contribution by Ibadat Bakshi on 11 Nov 2022

If you have always wondered why people opt for a court marriage over a conventional marriage, keep reading on this faqtsheet

Updated on : 2022-11-11 12:56:21

Ibadat Bakshi

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What is a court marriage?

Court marriage, also known as civil or registered marriage, is the marriage of a male... Read More

Court marriage, also known as civil or registered marriage, is the marriage of a male and a female irrespective of religion, caste, colour, etc in a court of law. It comes under the Special Marriage Act, 1954.

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How many types of marriages are there in India?

In India, there are different marriage acts and laws for different religions namely, Hindu, Muslim,... Read More

In India, there are different marriage acts and laws for different religions namely, Hindu, Muslim, Parsi, Christian marriage acts. Buddhsits, Jains, Sikhs are considered Hindu under the Hindu marriage acts.

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How is a court marriage different from a conventional marriage?

Conventional marriage takes place under one of the marriage acts- Hindu, Muslim, Christian Parsi- and... Read More

Conventional marriage takes place under one of the marriage acts- Hindu, Muslim, Christian Parsi- and they come with rules of their own. Court marriages can take place without any religious, caste, or other considerations.

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What are the advantages of a court marriage?

The advantages of a court marriage are many- No religious, ceremonial restrictions Cost friendly Freedom... Read More

The advantages of a court marriage are many-

  • No religious, ceremonial restrictions
  • Cost friendly
  • Freedom to practice choice
  • Faster
  • Can prevent fake marriage because of documentation
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What are the disadvantages of a court marriage?

The following are the disadvatages- A lot of documentation 3 adult witnesses compulsory Can be... Read More

The following are the disadvatages-

  • A lot of documentation
  • 3 adult witnesses compulsory
  • Can be lengthy
  • Marriage application can be rejected in case of any objection and the parties have to restart the process
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What is the point of a court marriage?

Court marriage is in line with the Right to Choose A Partner as a Fundamental... Read More

Court marriage is in line with the Right to Choose A Partner as a Fundamental Right.

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Is everyone eligible for a court marriage?

Any woman and man of the ages 21 and above, regardles of their religion, caste,... Read More

Any woman and man of the ages 21 and above, regardles of their religion, caste, creed, etc can register for a court marriage. The following are the required conditions- a. neither party has a spouse living; b. 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 c. the male has completed the age of twenty-one years and the female the age of twenty-one years; d. the parties are not within the degrees of prohibited relationship
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How to register for a court marriage?

If you meet the required conditions for a court marriage, these are the steps for... Read More

If you meet the required conditions for a court marriage, these are the steps for moving forward-

  • The Marriage Registrar is to be given a notice. It is called the ‘Notice of Intended Marriage’ and can be filed here or offline at the office desk of the registrar
  • A public notice of marriage is published by the registrar and will stay open to objections by anyone within 30 days of the notice
  • If no objections have been received, the couple can proceed with the marriage with three adult witnesses
  • After signatures and the other documentation, the certification of marriage will be issued after 15-30 days
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Do I have to inform my family if I am doing a court marriage?

There is no need for the interested parties to inform the family. However, the family... Read More

There is no need for the interested parties to inform the family. However, the family can raise objections during the notice period.

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Can I do a court marriage even if we both are of the same religion?

A court marriage can take place regardless of the religion of the applicants. Even if... Read More

A court marriage can take place regardless of the religion of the applicants. Even if it is not an inter-religious couple, they can choose a court marriage.

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Which law regulates marriage?

All marriages including court marriage come under family Law. Read More

All marriages including court marriage come under family Law.

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Can I marry the same sex as myself?

Same sex marriage aka gay marriage is not yet legal in India. Read More

Same sex marriage aka gay marriage is not yet legal in India.

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