Court marriage in India is governed by the Special Marriage Act, 1954, which allows individuals to marry legally without following any religious rituals. For NRIs, the process is slightly different due to their foreign residency status, but it is straightforward if all legal requirements are met.
1.Eligibility Criteria
Before initiating a court marriage, ensure that:
- Both parties are eligible to marry:
- Groom must be at least 21 years old
- Bride must be at least 18 years old
- Neither party is already married
- Parties are mentally competent to give consent
- There is no close blood relation between them
2.Notice of Intended Marriage
- The NRI and their partner must give a 30-day notice at the Marriage Registrar’s office in the district where at least one party has resided for 30 days prior to filing.
- Documents required for notice:
1. Passport (proof of NRI status)
2. Visa or OCI/PIO card
3. Proof of residence in India for at least 30 days (rent agreement, utility bills, etc.)
4. Birth certificate or school certificate (for age proof)
5. Passport-sized photographs
3.Objections (If Any)
- After submitting the notice, it is displayed publicly at the Marriage Registrar’s office.
- Anyone can raise an objection within 30 days.
- If there are no objections, the marriage can proceed.
4.Documents Required for Marriage Registration
At the time of marriage registration, NRIs must submit:
- Passport and visa/OCI/PIO card
- Birth certificates of both parties
- Proof of residence
- Passport-sized photographs (usually 3–4 each)
- Divorce decree or death certificate if previously married
5.Court Marriage Ceremony
- The marriage takes place in the presence of the Marriage Registrar.
- Two witnesses (adults) must be present.
- Both parties sign the marriage certificate along with the witnesses and registrar.
- The Registrar issues the Marriage Certificate, which is a legal proof of marriage recognized worldwide.
6. Post-Marriage Formalities for NRIs
- Marriage Certificate attestation: Get the certificate attested by the Sub-Divisional Magistrate (SDM) or notary.
- Embassy attestation: If needed for immigration or visa purposes, get the certificate attested by the Indian Embassy/Consulate in the NRI’s country.
Updating personal records: The certificate can be used for passport, visa, bank accounts, insurance, and other legal purposes.
7.Tips for NRIs
- Plan in advance: Court marriages require at least 30 days’ notice.
- Hire a lawyer if documents are not in proper order.
- Ensure both parties’ documents are valid and attested, including translations if required.
- Online services are available in some states for NRI document submission.
✅ Key Takeaways:
- Court marriage under the Special Marriage Act is fully legal and recognized worldwide.
- NRIs must provide proof of identity, residence, and legal eligibility.
- Marriage registration can be completed smoothly within 30–45 days if all documents are correct.
- Post-marriage, attestation and embassy formalities are crucial for using the certificate internationally.
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