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Writer's picturelead india
Oct 9, 20233 min read

Court Marriage Process In Mumbai

In India court marriages are solemnised under the Special Marriage Act, 1954. The Act provides for the marriage between people belonging to different castes, religion, place of birth, race, etc with any discrimination. A court marriage means a marriage solemnised in accordance with the law. The parties interested to marry through court can apply to the marriage registrar so as to get a marriage certificate. The procedure and the documents required for the court marriage in Mumbai has been provided below-


Eligibility for court marriage-

  • The age of the bride and the groom should be 18 years and 21 years respectively.

  • The parties applying for the court marriage must be of sound mind.

  • The parties have to be able to provide their valid consent at the time of marriage.

  • The parties must not be suffering from any insanity or mental disorder of any kind.

  • The parties must not fall within the degrees of prohibited relationship.

Documents required-

  • The application form duly filled by the parties.

  • Proof of date of birth of the parties.

  • Residential proof of parties applying for court marriage

  • Two passport sized photos of the parties

  • Death certificate of the previous spouse if either of the parties applying for court marriage is a widow/er.

  • Decree of divorce by the court if either parties is divorced.

  • Receipt of payment of fees for application form in the District Court.

  • Affirmation by the parties that they will not fall within the degrees of prohibited relationship.

Process of Court Marriage

  1. Notice of marriage- a notice for the court marriage is to be given to the marriage officer under whose jurisdiction either of the parties live. The parties would have to give the notice of the intended marriage in writing and in the form as has been prescribed in the Second Schedule of the Act.

  2. Publish the notice- The marriage officer would publish the notice for court marriage by having it affixed in some inconspicuous part of his office from where it could be seen by the general public. The notice would be published for a period of 30 days from the day it was submitted, so that an objection could be raised against the marriage within this period, if there is any.

  3. Objection- As has been provided under Section 7 of the Act, objection to the court marriage will be raised on the basis of the grounds provided under Section 4 of the Act, not on personal basis but on legal grounds. The marriage officer under Section 8, would enquire about the validity of the objection raised within 30 days from the day such objection was raised. In case the objection raised is found to be invalid, the marriage officer would have the marriage completed.

  4. Parties and the witnesses to be present on the date of marriage- three witnesses are required to be present in the court marriage. Signature and declaration as provided under Third Schedule of the Act, the parties and the witnesses shall sign the documents in the presence of the Marriage officer.

  5. Certificate of Marriage- After the steps mentioned above have been completed, the parties will be issued a marriage certificate. The certificate has to be signed by the parties and the witnesses. The certificate so provided is conclusive evidence of the court marriage.

Same day court marriage procedure in Mumbai ?

As could be inferred from the above discussion, court marriage in Mumbai does not necessarily get done over within a day. A notice has to be submitted in advance and other procedures are also required to be followed as well. It would be helpful to seek assistance of an experienced advocate who could help you with the submission of the required documents and other paperwork, so that all that is required of you is your presence on the date of marriage in the court. Lead India offers you a team of experienced advocates who will be able to help you with numerous procedures and documentation necessary for court marriages in any part of the country.


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