Court Marriage Lawyer In Delhi

You Have Decided To Marry. Now You Need It Done Properly And Safely

Some couples choose a court marriage because their families disagree, because the partners belong to different religions or castes, or simply because they want a simple, legal ceremony without expense. Others have already had a religious ceremony and now need a registered certificate for visas, banking or passports. Whatever your reason, you want a process that is smooth and a certificate that no authority can question.

If you fear pressure or threats from relatives, you also need to know that the law protects adult couples who marry freely, and that courts can order police protection where necessary.

Court Marriage Under The Special Marriage Act, 1954

The Act allows any two adults to marry irrespective of religion or caste. The basic conditions are:

• The groom is at least 21 years and the bride is at least 18 years old.
• Neither person has a living spouse at the time of marriage.
• Both are capable of giving valid consent and are not within prohibited degrees of relationship.
• One of the parties has lived in the district of the Marriage Officer for at least 30 days before giving notice.

Step-By-Step Process

1. Notice of intended marriage. Both parties submit the prescribed notice to the Marriage Officer of the district where at least one of them resides.
2. Publication. The notice is published for 30 days so that anyone can raise a lawful objection.
3. Verification. The Marriage Officer verifies documents and may hold an inquiry if an objection is made.
4. Solemnisation. After the notice period, the marriage is solemnised in the presence of three witnesses.
5. Certificate. A marriage certificate is issued, which is conclusive proof of the marriage.

Documents Usually Required

• Application or notice form signed by both parties
• Proof of age, such as school certificate or birth certificate
• Proof of residence of both parties and passport size photographs
• Affidavits on marital status and date of birth
• Identity and address proof of three witnesses
• Divorce decree or death certificate if either person was married before

If Your Family Objects Or Threatens You

Adult couples have the right to marry by choice. The Supreme Court in Lata Singh v. State of U.P. (2006) and Shakti Vahini v. Union of India (2018) has made clear that couples must be protected from harassment and violence. If you face threats, we can approach the High Court for protection and help you with a police complaint.

Other Ways To Register A Marriage

If you have already had a Hindu, Sikh, Buddhist or Jain ceremony, the marriage can usually be registered under Section 8 of the Hindu Marriage Act. For Arya Samaj marriages, registration is also possible after the ceremony. We help you choose the right route and prepare the papers.

Special Marriage Act, Hindu Marriage Act Or Arya Samaj: Which Route?

• Special Marriage Act, 1954: open to any two adults irrespective of religion. It requires a 30-day notice, publication and solemnisation before the Marriage Officer. It is the safest route for inter-faith couples.
• Hindu Marriage Act, 1955: for couples who are both Hindus, Buddhists, Jains or Sikhs. The marriage is solemnised by a ceremony and then registered under Section 8.
• Arya Samaj ceremony: a Vedic ceremony that can be registered, but authorities and courts examine whether both parties are Hindus and meet the conditions of the Act.

How The Notice And Objection Process Works

After the notice is submitted, it is displayed publicly for 30 days. Anyone who objects, for instance on the ground that a party is already married, must give reasons to the Marriage Officer, who is required to inquire before deciding. A frivolous objection does not block the marriage forever, and the Marriage Officer’s decision can be challenged in court. Couples often worry about family interference, which is why we also advise on lawful safeguards.

After The Marriage

• Apply for certified copies of the marriage certificate, which are needed for passports, visas and banks.
• Update names and addresses on identity documents if you wish to change your surname.
• Add your spouse to insurance, bank nominee and employer records.
• Understand how the law of inheritance and maintenance apply to you after marriage.

Illustrative Situations

General examples, not real clients.

An inter-faith couple. They choose the Special Marriage Act because it allows both to keep their religions. After the notice period, the marriage is solemnised before the Marriage Officer with three witnesses.

A couple married in a temple. They had a religious ceremony but never registered. They apply for registration under the Hindu Marriage Act with the priest’s certificate, photographs and witnesses.

A couple facing threats. Their families threaten them. They apply for police protection and complete the registration with legal assistance.

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