“Court marriage” generally refers to the process of marrying before a Marriage Officer under the Special Marriage Act. A notarised affidavit alone is not a substitute for a marriage certificate.
The conditions under the Act include having no living spouse, meeting the prescribed age and satisfying other eligibility requirements. The central text sets the age at 21 for a man and 18 for a woman. There is also a process relating to notice, residence and waiting; check the applicable local judicial directions and the requirements of the office. Registration of a marriage and a new solemnisation may be separate services.
What should you do now?
- Obtain the official checklist from the Marriage Officer in your district.
- Prepare documents relating to age, residence, marital status and witnesses.
- Complete the notice and prescribed formalities, and obtain a valid certificate.
Which documents should you keep ready?
Proof of age and residence, photographs, identity documents and, where applicable, a divorce decree or death certificate.
Avoid this mistake
Do not rely on an agent’s claim that providing only an affidavit will immediately result in a valid government marriage certificate.
A hypothetical example
An agent provides a notarised affidavit and says that the government court marriage is now complete. The couple should verify the actual process before the Marriage Officer and the certificate. A stamp, photograph or informal ceremony is not, by itself, a substitute for all statutory formalities.
Can people of different religions marry under this law?
Yes, this route is available if the eligibility requirements and procedure under the law are completed.
Legal basis and useful source
This is general legal information. Advice may differ depending on your facts, the applicable law and state rules.