Court marriage and marriage registration
Two different things are commonly called court marriage. One is solemnising a marriage before a Marriage Officer under a civil statute. The other is registering a marriage that has already taken place. The documents, the timeline and the risks are not the same.
- Special Marriage Act, 1954
- s. 5 — notice
- s. 7 — objections
- s. 15 — registration of existing marriage
- Haryana Compulsory Registration of Marriages Act, 2008
Solemnisation versus registration
Under the Special Marriage Act, 1954 the marriage itself takes place before a Marriage Officer. No religious ceremony is involved and the parties may be of any faith or of none. Under the Haryana Compulsory Registration of Marriages Act, 2008, a marriage already solemnised by whatever rite is recorded in a public register and a certificate issued. The Supreme Court has held that registration of marriages is compulsory, and Haryana's statute gives effect to that; a certificate is now required for a passport, a spouse visa, insurance and bank nominations, and in practice for a great deal else.
Marriage under the Special Marriage Act
- Conditions, section 4. Neither party has a subsisting spouse; both are capable of consenting and free of the disqualifications relating to mental capacity; the man has completed 21 years and the woman 18; and the parties are not within the degrees of prohibited relationship unless custom governing at least one of them permits it.
- Notice of intended marriage, section 5. Filed with the Marriage Officer of a district in which at least one party has resided for not less than thirty days immediately preceding the notice.
- Publication, section 6. The notice is published and a copy entered in the Marriage Notice Book, which is open to inspection.
- Objections, section 7. Any person may object within thirty days on the ground that the marriage would contravene the conditions in section 4. The Marriage Officer inquires and decides.
- Declaration and solemnisation, section 11 onwards. After the thirty days, and if no objection is upheld, the parties and three witnesses sign the declaration before the Marriage Officer and the marriage is solemnised.
- Certificate. Entered in the Marriage Certificate Book and signed by the parties and the witnesses; it is conclusive evidence of the marriage.
The thirty-day notice is public. This is the reason many couples who are marrying against family opposition prefer to marry by religious ceremony and register afterwards. Whether the publication requirement can be dispensed with has been the subject of litigation and the position has shifted; it should be checked as it stands before a notice is filed. Where there is a real apprehension of interference, the notice period and a protection petition are usually planned together.
Section 15 provides a separate route: a marriage already celebrated in another form may be registered under the Act, provided a ceremony was performed, the parties have been living together as husband and wife since, and they have been residing in the district for thirty days.
Registration in Haryana
Registration under the 2008 Act is made through the State's online marriage registration portal, with the application then verified before the Registrar of Marriages for the area — in Gurgaon, the office functioning under the Sub-Divisional Magistrate concerned. Both parties and witnesses attend for verification on the appointed date, and the certificate issues thereafter. Late registration beyond the prescribed period is possible but attracts a fee and, in some cases, an order condoning the delay.
Documents commonly required
- Proof of date of birth for both parties — matriculation certificate, birth certificate or passport
- Proof of identity and current address for both parties
- Proof of residence in the district for the required period, where solemnising under the Special Marriage Act
- Passport-size photographs, and for registration a photograph of the wedding ceremony
- The wedding invitation card, where a ceremony was performed
- Proof of identity and address for three witnesses, with photographs
- Affidavits of both parties as to marital status, date of birth and non-relationship within prohibited degrees
- Death certificate of a former spouse, or a certified copy of the decree of divorce, where either party was married before
- For a foreign national: passport, valid visa, and a no-impediment certificate or comparable document from the mission
Exact requirements vary between offices and change from time to time. The list should be confirmed against the current requirement of the office where the application is being made.
Inter-faith and inter-caste marriages
An inter-faith couple may marry under the Special Marriage Act without either party converting. Conversion is sometimes suggested as a shortcut so that a marriage can be solemnised under one personal law; it carries consequences for succession, for custody and, in States with statutes regulating religious conversion, for criminal liability, and it should not be undertaken without understanding those consequences.
Certificates for visa and apostille
A marriage certificate presented to a foreign mission generally has to be authenticated. The chain is ordinarily verification at the State level followed by apostille or attestation by the Ministry of External Affairs, depending on whether the destination country is a party to the Hague Apostille Convention. Where a certificate contains an error in a name, a date or a spelling, correction should be obtained before authentication rather than after, because the correction has to be made in the register itself.
Questions we are asked most often
How long does a court marriage under the Special Marriage Act take?
The statute requires thirty days between the notice and the solemnisation, during which objections may be filed. Allowing for scheduling, the practical period is usually a little over a month.
Can the thirty-day notice period be avoided?
It is a statutory requirement of the Special Marriage Act. Couples who cannot wait, or who do not want a public notice, commonly marry by religious ceremony and register the marriage afterwards. The position on the publication requirement has been litigated and should be checked as it currently stands.
Is marriage registration compulsory in Haryana?
Yes. The Haryana Compulsory Registration of Marriages Act, 2008 requires marriages solemnised in the State to be registered. Non-registration does not make a validly solemnised marriage invalid, but the certificate is required for a great many practical purposes.
Can we register a marriage that took place several years ago?
Yes. Delayed registration is provided for, usually with an additional fee and sometimes an order condoning delay. Proof that the ceremony took place — photographs, the invitation card, witnesses — becomes more important the longer the gap.
Can a foreign national marry in Gurgaon?
Yes, under the Special Marriage Act, subject to the residence requirement and to producing a passport, a valid visa and a no-impediment certificate or equivalent from the relevant mission. Requirements differ by nationality.
Do we need to be present in person?
Yes. Both parties and the witnesses appear before the Marriage Officer or the Registrar. Marriage by power of attorney is not the ordinary course.
Discuss your own facts
General information cannot account for the specifics of a marriage, a family or a pending case. A first consultation covers what applies to your situation, what the realistic options are, and what each one is likely to cost and take.