What are the Documents Required for Court Marriage in India
✅ Documents Required for Court Marriage in India
The couple needs to submit certain documents to the Marriage Officer to initiate and complete the court marriage process under the Special Marriage Act, 1954. These are:
1. Application Form / Notice of Intended Marriage (Form 1)
Both parties must fill and sign the Notice of Intended Marriage under Section 5 of the Act.
This form is submitted to the Marriage Officer of the district where at least one party has resided for a minimum of 30 days.
2. Proof of Age (for both parties)
Acceptable documents:
Birth Certificate
Passport
Matriculation Certificate
Aadhaar Card with Date of Birth
PAN Card (if DOB mentioned)
📌 Legal Age Requirement:
Male: 21 years
Female: 18 years
3. Proof of Residence (for both parties)
Required to establish jurisdiction of the Marriage Officer.
Acceptable documents:
Aadhaar Card
Voter ID
Passport
Utility Bills (Electricity/Water)
Rent Agreement
Bank Passbook with address
4. Photographs
Passport-sized photographs of both parties (usually 4 copies each).
5. Identity Proof
PAN Card
Aadhaar Card
Passport
Voter ID
Driving License
6. Affirmation of Marital Status
A sworn affidavit by both parties stating:
Date of birth
Marital status (Unmarried/Divorced/Widow or Widower)
That they are not related to each other within the prohibited degrees of relationship.
🛑 Note: If either party is divorced or widowed, supporting documents like Divorce Decree or Death Certificate of former spouse must be attached.
7. Witnesses
Three witnesses are required at the time of marriage solemnization.
Documents required for witnesses:
Identity Proof (PAN Card, Aadhaar, Voter ID)
Address Proof
Passport-sized photographs
8. No Objection Certificate (NOC) (in some cases)
If one of the parties is a foreign national or NRI:
Valid visa
Passport copy
Certificate of No Impediment or NOC from the concerned embassy
9. Divorce Decree / Death Certificate (if applicable)
If either party was previously married, attach:
Divorce decree (if divorced)
Death certificate of former spouse (if widowed)
🧑⚖️ Case Law: Practical Application of Court Marriage Provisions
Pranav Kumar Mishra & Anr. v. Govt. of NCT of Delhi
Citation: (2009) Delhi HC
Key Issue: Right to marry without family interference and protection under the law.
Facts:
The petitioners wanted to marry under the Special Marriage Act but feared threats from the girl’s family.
They approached the court seeking protection and direction to conduct the court marriage.
Held:
The Delhi High Court held that the right to marry a person of one’s choice is a part of Article 21 (Right to Life and Personal Liberty).
The court directed police protection for the couple and emphasized that state authorities cannot interfere in the personal liberty of consenting adults.
📌 Relevance: This case illustrates the constitutional protection granted to individuals opting for court marriage, especially in inter-caste or inter-religious situations.
Smt. Seema v. Ashwani Kumar
Citation: (2006) 2 SCC 578
Key Issue: Compulsory registration of marriages
Held:
Supreme Court directed all states and union territories to compulsorily register marriages, including those under personal and secular laws.
This ruling reinforced the legal validity and protection offered by a registered court marriage.
Lata Singh v. State of UP
Citation: (2006) 5 SCC 475
Key Issue: Inter-caste marriage and protection from harassment
Held:
Supreme Court strongly supported the right of adult individuals to marry as per their choice, regardless of caste or community.
It condemned the harassment faced by such couples and called for criminal action against those obstructing such marriages.
📌 Relevance: Court marriage under the Special Marriage Act provides a secure legal route for inter-caste/inter-religion couples facing societal pressure.
⚖️ Summary
| Document | Purpose |
|---|---|
| Application Form (Form 1) | Notice of Intended Marriage |
| Proof of Age | Legal eligibility to marry |
| Proof of Address | Jurisdictional requirement |
| Passport-size Photographs | Identification and documentation |
| Identity Proof | Verification of identity |
| Affidavit (marital status, etc.) | Legal affirmation |
| Divorce/Death Certificate (if any) | Validity of remarriage |
| NOC (for foreign nationals) | Embassy/legal clearance |
| Witness Documents | Legal requirement during solemnization |
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