How does court marriage in Odisha work under the Special Marriage Act?

What "court marriage" in Odisha actually means

A court marriage in Odisha is not held in a courtroom. The phrase is used for a civil marriage solemnised before a Marriage Officer under the Special Marriage Act, 1954 (SMA), without any religious ceremony. In Odisha the Marriage Officer for each district is the District Sub-Registrar, working through the Inspector General of Registration (IGR Odisha) system; in Khordha district, for example, the office is styled "Marriage Officer (Under the Special Marriage Act 1954) cum District Sub-Registrar" at Bhubaneswar. The same Act is used by couples of different religions or castes, by couples who do not want a religious ceremony, and by couples who simply want a marriage certificate from a government office.

People also use "court marriage" loosely for two other things, which are different:

• Registering a marriage already performed by Hindu rites (for example at a temple). That is registration under the Hindu Marriage Act, 1955, and in towns it is done through the urban local body on the SUJOG portal. See marriage registration in Odisha.
• Registering under Section 15 of the SMA a marriage that was already celebrated in another form. This is covered briefly below.

Who can marry under the Special Marriage Act

Any two persons can marry under the SMA, whatever their religion, if at the time of the marriage (Section 4):

• neither has a spouse living;
• neither is incapable of giving valid consent because of unsoundness of mind, or suffering from mental disorder of a kind that makes them unfit for marriage and the procreation of children;
• the man has completed 21 years and the woman 18 years; and
• they are not within the degrees of prohibited relationship listed in the Act, unless a custom governing at least one of them permits the marriage.

Religion does not have to be changed, and no conversion is involved. For two Hindus marrying under the SMA, Section 21A keeps the Hindu Succession Act applicable to them; for others, succession to the couple's property is governed by the Indian Succession Act, 1925.

Court marriage process in Odisha, step by step

1. Check the residence condition. Under Section 5, notice is given to the Marriage Officer of the district where at least one of the parties has lived for at least 30 days immediately before the notice. A couple living in Bhubaneswar applies to the Khordha District Sub-Registrar; a couple in Cuttack applies to the Cuttack office. Keep proof of the current address ready, because the office checks it.
2. Give notice of intended marriage. IGR Odisha accepts the application online: register as a citizen on the IGR Odisha portal, choose "Marriage", select Section 5 (solemnization), accept the eligibility declarations, enter both parties' details, choose the registration office by the presenter's present address, upload documents and pay the application fee through the treasury gateway. The office staff verify the application and the Marriage Officer accepts it, returns it for correction, or rejects it; the portal sends an SMS at each stage.
3. Publication of the notice. Once accepted, the notice is entered in the Marriage Notice Book and displayed on the office notice board (Section 6). If one party lives in another district, a copy is sent to the Marriage Officer of that district for display there too.
4. The 30-day objection period. Any person may object within 30 days of publication that the marriage would break a condition in Section 4 (Section 7). IGR Odisha's procedure note states that the marriage is processed only after these 30 days.
5. Appearance with three witnesses. After the notice period, the parties pay the remaining fees online and appear before the Marriage Officer with original documents and three witnesses. The witnesses' names and addresses are added in the portal, and biometrics and photographs of the parties and witnesses are taken.
6. Declaration and solemnisation. The parties and three witnesses sign the declaration in the form set out in the Act, countersigned by the Marriage Officer (Section 11). The marriage is solemnised at the Marriage Officer's office, or at another place within a reasonable distance on payment of additional fees (Section 12), by each party saying to the other, in the presence of the officer and the witnesses, that they take each other as lawful spouse, in any language they understand.
7. Marriage certificate. The officer enters the certificate in the Marriage Certificate Book, signed by the parties and the witnesses (Section 13). In Odisha the certificate is digitally signed and can be downloaded from the application status page of the portal. The entry is conclusive evidence that the marriage was solemnised under the Act.

The marriage must take place within three calendar months of the date of notice. If it does not, the notice lapses and a fresh notice is needed (Section 14). In practice, then, a court marriage in Odisha takes a little over a month from an accepted notice, and cannot happen on the same day.

Documents for court marriage in Odisha

IGR Odisha's procedure note lists the following uploads (PDF for documents, JPG/JPEG for photographs):

• identity proof of both parties: Aadhaar, Voter ID, PAN or driving licence;
• address proof of both parties: residence certificate, electricity bill or ration card;
• date of birth proof: matriculation certificate, birth certificate or medical certificate;
• passport-size photographs of both parties; and
• for Section 15 registration only, proof of the earlier ceremony, such as an invitation card or a certificate from a religious institution.

A divorced person should carry the divorce decree, and a widowed person the spouse's death certificate, because the Act requires that neither party has a living spouse. Each witness should carry identity and address proof. IGR Odisha's fee table lists, for registration of marriage, an application fee of Rs 100, a registration fee of Rs 250 and a user fee of Rs 250; check the current figures and the certified-copy fee on the portal before paying.

Objections, delays and refusal

If an objection is filed, the Marriage Officer cannot solemnise the marriage until it has been inquired into and found not to prevent the marriage, or is withdrawn. The officer must decide within 30 days of the objection and has the powers of a civil court for the inquiry (Sections 8 and 9). An objection that is not reasonable or not made in good faith can result in costs of up to Rs 1,000 against the objector. If the officer upholds the objection and refuses to solemnise the marriage, either party can appeal to the District Court within 30 days of the refusal, and the District Court's decision is final.

An objection is limited to the legal conditions: an existing spouse, age, mental capacity or prohibited relationship. Disapproval by parents or relatives on grounds of caste or religion is not a ground. The Supreme Court has held in Lata Singh v. State of U.P. (2006) and Shakti Vahini v. Union of India (2018) that adults have the right to marry a person of their choice and that the police and district administration must protect couples facing threats. If you face threats, you can approach the Superintendent of Police or the Commissionerate of Police in Bhubaneswar-Cuttack, and, if needed, the Orissa High Court under Article 226 for protection.

Registering an earlier marriage under Section 15

A couple married by a religious or customary ceremony can register the marriage under Section 15 of the SMA, instead of the Hindu Marriage Act route. The conditions are that the couple has lived together as husband and wife since the ceremony, neither has more than one spouse living, both are of sound mind, both have completed 21 years, they are not within prohibited degrees, and they have lived in the Marriage Officer's district for at least 30 days before applying. On the IGR Odisha portal this is the Section 15 (registration) option; a public notice and a 30-day objection period apply here as well (Section 16).

Effect of an SMA marriage

• Divorce under an SMA marriage is governed by Sections 27 and 28 of the same Act, not by personal law; see divorce in Odisha.
• Joint family property: under Section 19, a member of an undivided Hindu, Buddhist, Sikh or Jain family who marries outside the religion under the SMA is treated as having severed from the joint family; this does not apply where both parties are Hindus (Section 21A).
• Bigamy is an offence: Section 43 of the SMA applies the punishment for marrying again during the lifetime of a spouse, now Section 82 of the Bharatiya Nyaya Sanhita, 2023.
• The certificate is accepted for passports, visas, bank nominations and spouse visas; for use abroad it may need attestation or an apostille.

Where one party is a foreign national, or the marriage is to be held outside India, other provisions such as the Foreign Marriage Act, 1969 may apply; check with the Marriage Officer. Women can obtain free legal services in any matrimonial matter; see free legal aid in Odisha. Matrimonial work is described under family and succession.

When a marriage is void or voidable from the start, rather than ended by divorce, is explained in annulment of marriage.

Frequently asked questions

Official sources

• IGR Odisha: marriage registration and solemnisation procedure
• IGR Odisha: fee structure (marriage registration)
• Special Marriage Act, 1954 (India Code)
• IGR Odisha: Section 15 registration application, Khordha Marriage Officer
• Odisha State Legal Services Authority

General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.