What is difference between registered marriage and court marriage?

Oftentimes, it has been witnessed that the couple thinks that both court marriage and registered marriage are no different. A court marriage will be performed before a marriage official, after which a marriage certificate would be provided by the official. For further information on the subject of court marriage procedure, or if you wish to get married through the court, you may contact an experienced advocate.

Marriage which are performed with the customs, followed by the submission of an application to the marriage registrar’s office, the certificate which is attained in marriage registration shall be an evidence for the marriage

Who Is Eligible For Court Marriage?

Various conditions have been imposed by the Act when performing court marriages. Discussed below are some of these conditions:

• The couple should have attained legal age for marriage

When getting married, the bride and groom should have attained the age of 18 and 21 at least, respectively. Marriages will not be considered as valid if they do not comply with this eligibility requirement.

• The couple must be sound-mind

Neither the two parties should be mentally unstable; both must stay absolutely fine.

• The parties should be unmarried at the time of applying for court marriage

When getting married through court, it is important for the parties to be unmarried when getting married. The bride and groom must not be married previously. If previous spouse of the party getting married has passed away or is divorced, it shall be compulsory to provide certification of death or decree of divorce along with the application to court marriage.

• Both the parties must have given mutual consent to marriage

When applying for court marriage, bride and groom must affirm of their mutual consent to the marriage in the presence of the marriage officer.

Registered Marriage

Many portals/sites are there providing for the option of marriage registration. By submitting an application online, one can apply within your marriage registrar’s office and register for marriage before the registrar.

Every state follows a similar procedure for marriage registration to some extent. It is not necessary to perform a registered marriage with the assistance of an attorney. Interested party can apply on their own if they are familiar with the complete procedure of registration.

The  procedure for marriage registration is not similar to the court marriage procedure. In the case of  a registered marriage, initial marriage is required to be performed as per the customs and traditions. Following this, both the spouses are required to submit a registered marriage application online. In order to have their marriage registered, the couple can apply within the office of the marriage registrar. A registered marriage will be performed quickly as compared to the procedure of court marriage.

Places to apply for registered marriage:

• The place where the couples got married
• Marriage registrar’s office nearby the house of the bride.
• Marriage registrar’s office nearby the groom’s house.

Importance of a marriage certificate

The  marriage registration certificate is nothing but an official document which ensures that the holders get access to social security and various other benefits. It even authorises the holder of the marriage certificate to open a joint account with their spouse. If a situation arises where divorce or child custody takes place, then this document is required to be submitted to the court.

Difference Between Court Marriage and Marriage Registration

Discussed below are some differences between Court Marriage and Marriage Registration: 

• Court marriages are performed in front of judges or magistrates, whereas marriage registrations are accomplished by submitting paperwork to the registrar’s office. This is the primary distinction between the two types of marriages.
• The second difference is that the Court Marriage involves a legal ceremony which shall take place in the court of law, while Marriage Registration could be completed through online as well as offline means.
• Court Marriages would be a legally binding agreement which shall require witnesses and documentation, while Marriage Registration is simply registering the marriage with the government.
• The procedure for court marriage is more extensive and formal in comparison to the Marriage Registration, which would be completed within a few hours.

• The parties must fulfil certain legal requirements and formalities while completing the procedure for Court Marriage, whereas the registration of marriage is less formal.
• Two witnesses must be present for a court marriage; however, witnesses are not usually needed for marriage registration.
• Court Marriage is a solemn and official procedure which shall be performed in the presence of a Marriage Officer, while Marriage Registration is a simpler process.
• In Court Marriage, the Marriage Officer shall verify the identity and eligibility of the parties, whereas in case of  Marriage Registration the registrar will only verify the submitted documents.
• The certificate of Court Marriage will be issued immediately after the ceremony, while the certificate of Marriage Registration will be issued within a few days of submitting the documents.
• Court Marriage is generally solemnised by such couples who face family or societal opposition or who wish to get married without any pomp and show, while Marriage Registration is a popular choice for couples who wish to avoid elaborate ceremonies.

Lead India offers you a team of experienced advocates dealing with various legal matters including divorce, maintenance, child custody, a null and void marriage etc. thus, if you wish to talk to a lawyer or seek free legal advice online, you may contact us.