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Delhi · Marriage · Special Marriage Act and Hindu Marriage Act

Court Marriage in Delhi: The Complete Legal Guide to the Special Marriage Act, Registration and Your Rights

Every year thousands of couples in Delhi marry before a Marriage Officer instead of, or in addition to, a religious ceremony: inter-faith couples, couples whose families object, NRIs and foreign nationals, and couples who simply want a quick, legally clean marriage with an official certificate. This guide explains the law behind a "court marriage" in Delhi: who can marry under the Special Marriage Act, how the 30-day notice and objection process works, the documents and witnesses needed, how the e-District system and the SDM offices handle it, the difference between court marriage and registering a Hindu or Arya Samaj marriage, the effect on inheritance, protection for couples facing threats, and the pending Delhi High Court challenge to the public notice requirement. When you are ready to proceed, Mara Vakil's court marriage service handles the booking.

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Quick answer

A court marriage in Delhi is a marriage solemnised before the Marriage Officer, usually the Sub-Divisional Magistrate, under the Special Marriage Act, 1954. Any two persons can marry under it, whatever their religion, if the man is at least 21, the woman at least 18, neither has a living spouse, both can give valid consent and they are not within prohibited degrees of relationship. At least one partner must have lived in the Marriage Officer\'s district for 30 days before giving notice. The notice of intended marriage is filed online through Delhi\'s e-District system and displayed for 30 days for objections; if there is no valid objection, the marriage is solemnised in the presence of three witnesses and a marriage certificate is issued. The whole process usually takes 30 to 45 days. Couples already married by religious rites, such as Hindu or Arya Samaj ceremonies, register their marriage instead, which in Delhi is compulsory within 60 days of the marriage.

What "court marriage" really means

"Court marriage" is a popular expression rather than a legal term. No judge marries anyone in a courtroom. What people mean is a civil marriage solemnised before a Marriage Officer appointed under the Special Marriage Act, 1954 (SMA), or, loosely, the registration of a marriage already performed by religious rites. In Delhi, Marriage Officers are generally the Sub-Divisional Magistrates of the revenue sub-divisions, working from SDM offices across the city, and marriage registration is handled through the same revenue machinery.

The SMA was enacted so that people of any religion, or no religion, could marry without religious ceremonies and without either partner converting. It is the natural route for inter-faith couples, but many couples of the same religion also choose it for its simplicity, its uniform certificate, and its acceptance by embassies, banks and government offices.

About Mara Vakil: Mara Vakil is an online platform and not a law practice. Our court marriage, marriage registration and Arya Samaj marriage service pages show how to book help. This guide is general legal information as of October 2026; requirements at individual SDM offices can vary in detail.

Court marriage, marriage registration and religious marriage compared

PointCourt marriage (SMA, sections 4 to 14)Registration of an existing marriage
Who uses itCouples who have not married yet, of any religionCouples already married by religious rites (Hindu, Sikh, Arya Samaj, Muslim nikah, church) or under the SMA's section 15
LawSpecial Marriage Act, 1954Hindu Marriage Act section 8 and Delhi rules, or SMA section 15, plus the Delhi Compulsory Registration of Marriage Order, 2014
Notice period30 days' public notice inviting objectionsNo 30-day notice for Hindu marriage registration; SMA section 15 registration involves notice
CeremonyDeclaration before the Marriage Officer and three witnessesNone at the office; the ceremony has already taken place
TimeUsually 30 to 45 daysOften a few days to weeks after application
Effect on successionIndian Succession Act generally applies (with exceptions for two Hindus)The couple's personal law continues to apply

Who can marry under the Special Marriage Act

Section 4 of the SMA lays down the conditions. At the time of marriage:

Religion is irrelevant. A Hindu and a Muslim, a Sikh and a Christian, two Hindus, two people with no religion, or an Indian and a foreign national can all marry under the SMA. Neither partner needs to convert.

Same-sex couples

In Supriyo Chakraborty v. Union of India (October 2023), five judges of the Supreme Court ruled that marriage is not a fundamental right as such and declined to read the SMA as permitting same-sex marriages, leaving any change to Parliament. As of October 2026, same-sex couples cannot marry under the SMA, though the Court recognised their right to cohabit and directed steps to prevent discrimination.

Residence requirement

Section 5 requires that at least one of the parties has resided in the district of the Marriage Officer for at least 30 days immediately before the date of the notice. In Delhi, this means the notice is given to the Marriage Officer of the district or sub-division where one partner lives, supported by proof of residence. Couples sometimes try to use a temporary address to marry in Delhi; Marriage Officers check residence proof, and false declarations can create serious problems later.

The court marriage process in Delhi, step by step

  1. Check eligibility against section 4 and the residence requirement.
  2. Prepare documents for both partners and witnesses (listed below), including affidavits on e-stamp paper in the prescribed format.
  3. Apply online: file the notice of intended marriage through the Delhi Government's e-District portal, choosing the correct sub-division, uploading documents and photographs, and booking an appointment. Original affidavits may need to be submitted at the SDM office or sent as directed.
  4. Verification: the couple appears at the SDM office for verification of documents and identity, as scheduled.
  5. Publication of notice: the Marriage Officer enters the notice in the Marriage Notice Book and publishes it by displaying it in the office, and, where a party lives in another district, sends a copy to that district's Marriage Officer for display.
  6. Objection period: for 30 days, any person may object on the ground that the marriage would violate a condition in section 4.
  7. Solemnisation: after 30 days, if there is no objection, or after objections are rejected, the couple and three witnesses appear before the Marriage Officer, sign the declarations, and the marriage is solemnised in any form the couple chooses, provided each party says to the other, in the presence of the Officer and witnesses, words to the effect of taking the other as lawful spouse.
  8. Certificate: the Marriage Officer enters the details in the Marriage Certificate Book, signed by the parties and witnesses, and issues the marriage certificate, which is conclusive evidence of the marriage.

The three-month window

The marriage must be solemnised within three calendar months from the date of the notice. If it is not, the notice lapses and a fresh notice must be given, with a fresh 30-day period.

Can the 30 days be waived?

The Act does not provide for waiving the 30-day period. Couples in urgent situations sometimes ask courts to shorten it, but courts have generally been reluctant, since the period is a statutory safeguard. Plan for at least 30 days from the notice.

Documents usually required in Delhi

Requirements are set by the Delhi Government's revenue department and can be updated, so check the current list on e-District before applying. Commonly required:

ForDocuments
Both partnersIdentity proof (Aadhaar, PAN, passport, voter ID or driving licence); date of birth proof (birth certificate, school certificate, passport); residence proof showing at least 30 days' residence in the district; passport-size photographs
AffidavitsAffidavits of each partner, on e-stamp paper and notarised, in the prescribed format, declaring date of birth, marital status, nationality and that the parties are not within prohibited degrees
Previously marriedCertified copy of the final divorce decree, or death certificate of the former spouse
Foreign nationalPassport and visa, proof of 30 days' stay, and a certificate of marital status or no-objection from the embassy, as required
WitnessesIdentity and address proof of three witnesses, and their presence on the day of solemnisation

Common document problems

Mara Vakil's affidavit and notary service can prepare the affidavits, and the court marriage service team confirms the full document list on a call.

The 30-day notice and objections

Why the notice exists

Sections 5 to 8 of the SMA require the notice of intended marriage to be published and kept open for 30 days so that anyone who knows of a legal bar, such as an existing marriage, under-age party or prohibited relationship, can object. The objection must relate to the conditions in section 4; disapproval of the match, caste, religion or family opposition is not a valid ground.

What happens when someone objects

If an objection is received, the Marriage Officer must not solemnise the marriage until the objection is inquired into, and must decide it within 30 days of receipt. If the objection is upheld, either party can appeal to the district court within 30 days. A person who makes an objection that is not reasonable and not in good faith can be ordered to pay costs and compensation.

Privacy concerns and the pending Delhi High Court challenge

Publishing the names, addresses and photographs of couples has exposed many inter-faith and inter-caste couples to harassment, threats and violence. A petition by an inter-faith couple challenging sections 6 and 7 of the SMA, on the ground that the public notice and objection process violate privacy and endanger life and liberty, has been pending before the Delhi High Court, which issued notice in October 2020. In December 2023, the Supreme Court dismissed the Union Law Ministry's request to transfer the challenge to itself, clearing the way for the Delhi High Court to decide it, as reported in December 2025. Some other High Courts have made publication of the notice optional at the couple's request. Until the Delhi High Court rules, couples in Delhi should expect the notice to be published in the usual way and should plan for their safety accordingly.

Registering a marriage that has already taken place

Many couples marry first by religious rites and then "do court marriage" in the sense of registering the marriage. In Delhi, this matters for passports, visas, bank accounts, insurance, property and many government services.

Compulsory registration in Delhi

Delhi's 2014 order on compulsory marriage registration requires marriages performed in the city to be registered, ordinarily within 60 days of the marriage, with a late fee or penalty for delay. The Supreme Court, in Seema v. Ashwani Kumar (2006), had directed states to make registration of marriages compulsory for all citizens, and Delhi's order implements that direction.

Hindu marriages

A marriage between two Hindus (including Sikhs, Jains and Buddhists) performed with the customary rites and ceremonies of either party, such as saptapadi where it is part of the rites, is valid under section 7 of the Hindu Marriage Act. Registration under section 8 and the Delhi rules records it. Registration does not make a marriage valid if the ceremonies were not performed, and failure to register does not make a valid marriage invalid. The couple applies through e-District with proof of the ceremony (wedding photographs, invitation card, priest's or temple certificate), identity and age proofs, affidavits and witnesses, and appears before the registrar on the appointment date.

Marriages of other communities

Muslim, Christian and other marriages performed under personal law can be registered under the Delhi order. Alternatively, a couple married in any form can register under section 15 of the SMA, which then brings the marriage under the SMA for some purposes; section 15 registration involves a 30-day notice.

Mara Vakil's marriage registration service helps couples complete the application.

Arya Samaj, temple and gurdwara marriages

Arya Samaj mandirs in Delhi perform Vedic marriages, often within a day, for Hindu couples and for couples where the non-Hindu partner undergoes shuddhi, a conversion or re-conversion ceremony. Such a marriage is governed by the Hindu Marriage Act, and the Arya Marriage Validation Act, 1937 confirms the validity of marriages between Arya Samajists. The ceremony is valid if performed according to the Act's requirements by eligible parties.

Two points are important. First, the certificate issued by the Arya Samaj or a temple is evidence that a ceremony took place, but it is not a government marriage certificate. The Supreme Court remarked in 2022 that it is not the business of Arya Samaj to issue marriage certificates, in a case where the age of the girl was disputed. Couples should register the marriage with the Delhi registrar to obtain an official certificate. Second, a conversion done only to marry, without genuine belief, can raise legal questions, and inter-faith couples who do not wish to convert can instead marry under the SMA.

Sikh couples may register Anand Karaj marriages under the Anand Marriage Act where rules permit, or under the Hindu Marriage Act. Our Arya Samaj marriage service explains the booking process.

Legal effects of marrying under the Special Marriage Act

Succession

Under section 21 of the SMA, succession to the property of a person whose marriage is solemnised under the Act, and of their children, is governed by the Indian Succession Act rather than personal law. Section 21A creates an exception: where both parties are Hindus, Buddhists, Sikhs or Jains, the Hindu Succession Act continues to apply. This matters for inter-faith couples, whose children will inherit under the Indian Succession Act's rules.

Joint family

Section 19 says that a member of an undivided Hindu, Buddhist, Sikh or Jain family who marries under the SMA a person outside those religions is deemed to be severed from the joint family. Section 21A protects marriages between two Hindus from this consequence. The practical effect on joint family property can be significant and deserves advice where there is substantial ancestral property.

Divorce and other matrimonial relief

Marriages under the SMA are dissolved under the SMA itself: divorce on grounds in section 27, or by mutual consent under section 28 after living separately for one year, with a second motion after six months that courts can waive in suitable cases, as with Hindu marriages. Maintenance and alimony are available under sections 36 and 37, and custody under section 38. These cases go to the Delhi family courts. Mara Vakil's mutual divorce service covers both Hindu and SMA marriages.

Children

Children of a marriage under the SMA are legitimate, and section 26 protects the legitimacy of children even of void or voidable marriages.

Religion and identity

Marrying under the SMA does not change either partner's religion. Each continues to practise their own faith, and the couple can also hold religious ceremonies of their choice, before or after, without affecting the civil marriage.

Name change

A wife or husband who wishes to change surname after marriage can do so through an affidavit, a newspaper advertisement and, where needed, a Gazette notification; see the name change after marriage service.

Protection for couples facing family threats

Every adult in India is constitutionally free to choose whom to marry. The Supreme Court in Lata Singh v. State of U.P. (2006) told the police to shield couples marrying across caste or religion from harassment and violence, and in Shakti Vahini v. Union of India (2018) laid down detailed preventive, remedial and punitive measures against honour crimes and khap interference, including safe houses and special cells. In Shafin Jahan v. Asokan K.M. (2018), the Court held that the choice of a life partner is part of personal liberty under Article 21.

Practical steps in Delhi

Families sometimes file false complaints of kidnapping against the partner. Where both are adults and the woman confirms she married voluntarily, courts usually quash such cases or close them. If a complaint is filed, see our guide on anticipatory bail in Delhi.

NRIs, OCI holders and foreign nationals

The SMA allows marriages in India where one or both partners are foreign nationals, subject to the residence requirement and documents. In practice:

Indian citizens marrying abroad can use the Foreign Marriage Act, 1969 before Indian diplomatic officers, or the local law of that country followed by registration as required. NRIs who married in India by religious rites should register the marriage in Delhi before travelling, since foreign embassies almost always ask for a government certificate.

Common myths about court marriage

MythReality
"Court marriage can be done in one day."A marriage under the SMA needs a 30-day notice period. One-day marriages are religious ceremonies, which should then be registered.
"Parents' consent is needed."Adults do not need parental consent.
"The notice is sent to parents."The notice is displayed at the office and sent to the other district's Marriage Officer if a party lives elsewhere; it is not posted to parents, though in practice families sometimes learn of it.
"One partner must convert."No conversion is needed under the SMA.
"Arya Samaj certificate is a marriage certificate."It is evidence of the ceremony; registration gives the official certificate.
"Any address works."One partner must actually have lived in the district for 30 days.
"Court marriage and registration are the same."Court marriage is solemnisation under the SMA; registration records a marriage already performed.

Delhi couples, worked through

The couples below are invented examples drawn from common situations.

1. An inter-faith couple in Lajpat Nagar

A Hindu woman of 26 and a Muslim man of 28 decide to marry without conversion. The woman has lived in Lajpat Nagar for years, so they file the SMA notice through e-District for her sub-division. They keep their plans quiet, inform a lawyer, and when the man's family hears of the notice and threatens them, they write to the DCP and, when nothing happens, file a protection petition in the Delhi High Court, which directs police protection. After 30 days without valid objection, they marry before the SDM with three friends as witnesses.

2. A Hindu couple married at an Arya Samaj

A couple marries at an Arya Samaj mandir in one day and receives the mandir's certificate. They then apply through e-District to register the marriage under the Hindu Marriage Act within 60 days, with photographs, the mandir certificate and witnesses, and receive the government certificate for their passport and visa applications.

3. An Indian and a foreign national

A Delhi man and a German woman plan a court marriage. She arrives in Delhi and stays at his family home for 30 days before they file notice; her embassy issues a certificate of no impediment. After the notice period, they marry before the Marriage Officer and get the certificate apostilled for use in Germany.

4. A divorcee remarrying

A woman whose divorce decree was passed four months ago wants to remarry. Her advocate confirms that no appeal was filed and the decree has attained finality, and the couple files an SMA notice with a certified copy of the decree.

Getting help with your court marriage

Many couples manage the SMA process themselves, but help is useful when documents are complicated, a partner is a foreign national, a previous marriage needs careful handling, or the families are hostile. To book assistance, use Mara Vakil's court marriage service, where booking is free and the team confirms documents and costs on a call before any work starts. For an already-performed marriage, use the marriage registration service; for a Vedic ceremony, the Arya Samaj marriage service; and for threats, the protection petition service.

For legal advice rather than a booking, fill in the form above and a Delhi advocate with verified enrolment can call you; there is no charge for the introduction. You can also browse family lawyers in Delhi or read how to choose an advocate.

Which route is right for you?

Your situationUsual route
Two Hindus who want a religious weddingHindu ceremony (home, temple or Arya Samaj), then registration under the Hindu Marriage Act within 60 days
Two Hindus who want only a civil marriageCourt marriage under the SMA; Hindu succession law continues to apply
Inter-faith couple, no conversionCourt marriage under the SMA
Inter-faith couple, one partner willing to convertReligious marriage under the converted partner's new faith, then registration, or still the SMA; consider conversion laws in the states where you live
Already married by religious ritesRegistration of marriage, not a fresh court marriage
Indian marrying a foreign national in DelhiCourt marriage under the SMA with embassy documents
Couple facing serious family threatsSMA or religious marriage with registration, plus police and High Court protection as needed
Need a certificate urgently for travelIf already married by rites, registration is quickest; the SMA takes at least 30 days from notice

Practical tips for the SDM office and the marriage day

After the marriage: updating your records

A marriage certificate is the key document for updating records:

RecordWhat to do
PassportApply to add the spouse's name or change surname, with the marriage certificate
AadhaarUpdate name or address with supporting documents
PANUpdate name if changed
Bank accounts and insuranceUpdate name, add nominee or spouse details
Employer recordsUpdate for medical cover, nominations and benefits
Voter ID and ration cardUpdate name and address as needed
Visa and immigrationUse the certificate, apostilled if required, for spouse visas

If a surname change is involved, the name change after marriage service covers the affidavit, advertisement and Gazette steps.

Inter-faith marriages: legal points to think about

Conversion laws in neighbouring states

Delhi does not have a state law regulating religious conversion of the kind adopted by several other states. But couples where one partner lives in, or comes from, a state with such a law, such as Uttar Pradesh, Uttarakhand, Madhya Pradesh, Haryana or others, should be aware that conversion for the purpose of marriage may require prior notice to authorities or attract penalties in those states. Marrying under the SMA without conversion avoids most of these issues.

Succession and wills

Because the Indian Succession Act applies to most SMA marriages between partners of different religions, inheritance rules for the couple and their children differ from personal law. Making wills soon after marriage gives clarity; see our will and probate guide.

Children's religion

The law does not require children of an SMA marriage to follow either parent's religion. Parents may raise them in either faith, both, or neither. Disputes about religion can arise in custody cases, where courts look to the child's welfare.

Family property

Section 19 of the SMA deems a Hindu, Buddhist, Sikh or Jain who marries outside those faiths under the SMA to be severed from the joint family, which can affect rights in ancestral property managed as a joint family. Individual inheritance rights from parents are not lost, but the position should be checked where significant joint family property exists.

Personal law issues for Muslim partners

A marriage under the SMA is monogamous and is dissolved only under the SMA, regardless of either party's religion. Personal law provisions on polygamy or talaq do not apply to an SMA marriage.

Hindu Marriage Act essentials

For couples marrying by Hindu rites, including at Arya Samaj, the Hindu Marriage Act, 1955 governs. Section 5 sets the conditions: neither party should have a living spouse, both must be capable of valid consent, the bridegroom must be at least 21 and the bride at least 18, the parties must not be within prohibited degrees of relationship or sapindas of each other, unless custom permits. Section 7 says the marriage may be solemnised according to the customary rites and ceremonies of either party, and where saptapadi is part of the rites, the marriage becomes complete and binding when the seventh step is taken.

A marriage in breach of the bigamy, prohibited degrees or sapinda conditions is void under section 11. A marriage may be voidable under section 12 for reasons such as impotence, consent obtained by force or fraud, or pre-marriage pregnancy by another person concealed from the husband. In Dolly Rani v. Manish Kumar Chanchal (2024), the Supreme Court emphasised that a Hindu marriage requires the performance of the rites and ceremonies, and that a registration certificate alone, without a valid ceremony, does not create a valid Hindu marriage.

When one partner lives outside Delhi

Many Delhi marriages involve a partner from Uttar Pradesh, Haryana, Bihar, Rajasthan or elsewhere. The SMA handles this through its residence and notice rules:

If both partners live outside Delhi, they should give notice where one of them lives, not in Delhi, unless one has genuinely resided in Delhi for 30 days.

Special situations

Couples who have left home

Adult couples who leave their family homes to marry often face pressure, police enquiries prompted by family complaints, and threats. Keep identity and age documents, inform the police in writing that you are adults living together by choice, and seek legal help early. Courts consistently protect the liberty of adults to live and marry as they choose.

Where one partner is under age

If the woman is under 18 or the man under 21, the couple cannot marry under the SMA, and religious marriages below the legal age attract the Prohibition of Child Marriage Act. Sexual relations with a person under 18 are an offence under the POCSO Act and the BNS regardless of consent or marriage. Couples should wait until both meet the legal age.

Live-in relationships

Adults may live together without marriage, and the Supreme Court has recognised the legality of such relationships. Women in relationships in the nature of marriage have protection under the DV Act; see our DV guide. A live-in couple can marry under the SMA at any time if they meet its conditions.

Pregnancy before marriage

Pregnancy does not bar a marriage under the SMA or Hindu law, but concealment of a pregnancy by another person is a ground for annulment of a Hindu marriage at the husband's option, so honesty between partners matters.

If things go wrong later

A court marriage is as strong as any other marriage, and ending it requires the same legal process. Divorce, judicial separation, annulment, maintenance and custody for SMA marriages are decided by the family courts under the SMA. Mutual consent divorce is available after one year of separation. Our guides to maintenance, child custody and the Delhi family courts explain these proceedings, and the mutual divorce service handles agreed separations.

Glossary

TermMeaning
Marriage OfficerThe official appointed under the SMA to receive notices and solemnise marriages; in Delhi, usually the SDM
Notice of intended marriageThe formal notice in the prescribed form that starts an SMA marriage
Marriage Notice BookThe register in which notices are entered and which is open for inspection
SolemnisationThe act of performing the marriage before the Marriage Officer and witnesses
Marriage Certificate BookThe register in which the solemnised marriage is recorded
Prohibited degreesClose relationships within which marriage is barred
SapindaClose blood relationship under Hindu law barring marriage unless custom permits
SaptapadiThe seven steps around the sacred fire in Hindu ceremonies
ShuddhiA ceremony of conversion or re-conversion performed by Arya Samaj
ApostilleCertification of a document for use in countries party to the Hague Apostille Convention

Why an official marriage certificate matters

Whether through a court marriage or registration, a government marriage certificate pays for itself many times over:

Checklist before you apply

  1. Both partners meet the age and other conditions.
  2. Any earlier marriage is legally ended, with a final decree or death certificate.
  3. One partner has lived in the Delhi district for 30 days, with proof.
  4. Names and dates of birth match across documents.
  5. Affidavits are prepared in the prescribed format and notarised.
  6. Three witnesses with valid ID are available on the marriage date.
  7. Foreign partner's embassy documents are ready, if applicable.
  8. You have considered safety if families are opposed.
  9. You have budgeted time: at least 30 days after notice, within three months.

When everything is in place, the court marriage service can take it forward.

A short history of civil marriage in India

Civil marriage in India began with the Special Marriage Act of 1872, which allowed marriage outside religious law only for those who declared that they did not profess any of the major religions. That requirement forced many couples to renounce their faith on paper in order to marry. The Special Marriage Act, 1954 removed it, allowing people of any religion to marry while keeping their faith, and added the option of registering marriages celebrated in other forms. Over the following decades, Parliament and the courts added protections for couples, from the Hindu Succession Act exception in section 21A to the Supreme Court's directions on police protection and compulsory registration. The current debate over public notice and privacy, pending in the Delhi High Court, is the latest chapter in making civil marriage both secure and safe for couples who choose it.

Mistakes that delay or endanger a court marriage

Court marriage in Delhi: frequently asked questions

What is a court marriage?

A civil marriage solemnised before a Marriage Officer under the Special Marriage Act, 1954, without religious ceremonies.

Who is the Marriage Officer in Delhi?

Generally the Sub-Divisional Magistrate of the revenue sub-division.

How long does a court marriage take in Delhi?

Usually 30 to 45 days, because of the mandatory 30-day notice period.

Can court marriage be done in one day?

No. The SMA requires a 30-day notice; one-day marriages are religious ceremonies to be registered later.

What is the minimum age for court marriage?

21 for the man and 18 for the woman.

Do we need parents' consent?

No. Adults can marry without parental consent.

Can people of different religions marry in court?

Yes. The SMA allows marriage regardless of religion, without conversion.

Do we need to convert to marry?

No, not under the SMA.

Can two Hindus marry under the SMA?

Yes, and the Hindu Succession Act will still apply to them under section 21A.

Can same-sex couples marry under the SMA?

No. The Supreme Court in Supriyo (2023) left any change to Parliament.

What is the residence requirement?

At least one partner must have lived in the Marriage Officer's district for 30 days before the notice.

Can we marry in Delhi if we live in Noida?

Only if one partner has lived in a Delhi district for 30 days; otherwise apply in your own district.

How do I apply for court marriage in Delhi?

Through the Delhi Government's e-District portal, followed by verification at the SDM office.

What documents are needed?

Identity, age and residence proofs, photographs, notarised affidavits, divorce or death documents if applicable, and witness IDs.

How many witnesses are needed?

Three witnesses at the solemnisation under the SMA.

Who can be a witness?

Adults with valid identity and address proof; Delhi's notices may specify further requirements.

What is the notice of intended marriage?

A notice in the prescribed form given to the Marriage Officer, published for 30 days for objections.

Where is the notice displayed?

At the Marriage Officer's office, and sent to the other district's Marriage Officer if a party lives elsewhere.

Is the notice sent to our parents?

It is not posted to parents, but it is displayed publicly and may reach other districts.

Who can object to a court marriage?

Any person, but only on grounds that a condition in section 4 is violated.

Can family disapproval stop the marriage?

No. Disapproval, caste or religion is not a valid objection.

What happens if someone objects?

The Marriage Officer inquires and decides within 30 days; an appeal lies to the district court within 30 days.

Can a false objector be penalised?

Yes. The Marriage Officer can impose costs and compensation for unreasonable, bad-faith objections.

Can the 30-day notice be waived?

The Act does not provide for waiver, and courts have generally been reluctant to shorten it.

How long is the notice valid?

The marriage must be solemnised within three months of the notice, or a fresh notice is needed.

Is the public notice requirement being challenged?

Yes. A challenge to sections 6 and 7 of the SMA is pending in the Delhi High Court.

What happens on the marriage day?

The couple and three witnesses sign declarations, exchange words of acceptance before the Officer, and the certificate is issued.

Is the SMA marriage certificate conclusive?

Yes. The certificate is conclusive evidence of the marriage.

Can we have a religious ceremony too?

Yes, before or after, without affecting the civil marriage.

What is marriage registration?

Recording an already-performed marriage with the registrar to get an official certificate.

Is marriage registration compulsory in Delhi?

Yes, under the Delhi Compulsory Registration of Marriage Order, 2014, ordinarily within 60 days.

What if we register after 60 days?

Late registration is possible with a late fee or penalty.

Does non-registration make a marriage invalid?

No. A valid marriage remains valid, but registration provides proof.

Does registration make an invalid marriage valid?

No. The marriage must meet the legal requirements.

How is a Hindu marriage registered in Delhi?

Through e-District under section 8 of the Hindu Marriage Act and Delhi rules, with ceremony proof and witnesses.

What proof of a Hindu ceremony is needed?

Photographs, invitation card, and a priest's or temple certificate, as required.

Is an Arya Samaj marriage valid?

Yes, if performed according to the Hindu Marriage Act's requirements between eligible parties.

Is an Arya Samaj certificate a marriage certificate?

No. It is evidence of the ceremony; register the marriage for the official certificate.

Can a non-Hindu marry at Arya Samaj?

Usually after a shuddhi ceremony; couples who do not wish to convert can marry under the SMA.

Can a Muslim nikah be registered in Delhi?

Yes, under the Delhi compulsory registration order or section 15 of the SMA.

What is section 15 of the SMA?

It allows registration under the SMA of marriages celebrated in other forms, with a notice process.

Can a Sikh Anand Karaj be registered?

Yes, under applicable law and rules, including the Hindu Marriage Act or the Anand Marriage Act where rules permit.

Does an SMA marriage change succession?

Yes. The Indian Succession Act generally applies, except where both parties are Hindus, Buddhists, Sikhs or Jains.

Is a Hindu marrying a non-Hindu under the SMA severed from the joint family?

Section 19 deems severance, except in marriages between two Hindus protected by section 21A.

How do we divorce if married under the SMA?

Under the SMA itself: contested divorce under section 27 or mutual consent under section 28.

Can we get mutual divorce under the SMA?

Yes, after one year of living separately, with a second motion that courts may waive in suitable cases.

Are children of an SMA marriage legitimate?

Yes, and the Act protects legitimacy even in void or voidable marriages.

Does court marriage change my religion?

No. Each partner keeps their own religion.

Can I change my surname after court marriage?

Yes, through affidavit, newspaper advertisement and Gazette notification if needed.

What if my family threatens us?

Call 112, inform police in writing and the DCP, and seek a protection order from the High Court if needed.

Can the High Court give us protection?

Yes. The Delhi High Court regularly grants protection to adult couples facing threats.

What is the Lata Singh ruling?

A 2006 Supreme Court direction that police protect couples marrying across caste or religion.

What did Shakti Vahini decide?

It laid down measures against honour crimes, including safe houses and special cells.

Is choosing a spouse a fundamental right?

Yes. Shafin Jahan (2018) held it is part of personal liberty under Article 21.

What if my family files a kidnapping case against my husband?

If both are adults and you married voluntarily, courts usually quash such cases; take legal advice quickly.

Can a foreign national marry in Delhi?

Yes, under the SMA, with 30 days' residence and embassy documents as required.

How long must a foreigner stay in Delhi for court marriage?

At least 30 days before notice, then the 30-day notice period, so often about two months in total.

What is a certificate of no impediment?

An embassy document confirming a foreign national is free to marry.

Do I need apostille on my marriage certificate?

For use abroad, many countries require apostille through the Ministry of External Affairs.

Can Indians marry abroad?

Yes, under the Foreign Marriage Act before Indian diplomatic officers, or under local law.

Should NRIs register their Delhi marriage?

Yes, before travelling, since embassies require a government certificate.

Can a divorcee marry under the SMA?

Yes, after the divorce decree becomes final.

When does a divorce decree become final?

After the appeal period expires without appeal, or when an appeal is decided.

Can a widow or widower marry under the SMA?

Yes, with the former spouse's death certificate.

What if names differ across my documents?

Correct them or explain with an affidavit before applying.

Can I use a rented address for residence proof?

Yes, typically with a registered rent agreement or utility bills.

Is an affidavit required for court marriage?

Yes. Notarised affidavits on e-stamp paper in the prescribed format are usually required.

Can I get my affidavit through Mara Vakil?

Yes. Mara Vakil offers a paid affidavit and notary service.

How do I book a court marriage with Mara Vakil?

Through the court marriage service page; booking is free and the team calls you to confirm details.

What does a court marriage cost in Delhi?

Government fees are modest; total cost depends on documents and help needed. The Mara Vakil team confirms costs on a call.

Is Mara Vakil itself a lawyer?

No. It is an online platform that arranges services and introduces independent advocates.

Can I get a marriage certificate the same day as the ceremony under the SMA?

Yes, the certificate is entered and issued at solemnisation, subject to office procedure.

Can we marry under the SMA if one of us is under 21?

No, if the man is under 21; the woman must be at least 18.

Is child marriage void?

A marriage below the legal age is voidable at the option of the minor party under the Prohibition of Child Marriage Act, and can attract penalties.

What are prohibited degrees of relationship?

Close relationships listed in the Act, such as siblings or uncle and niece, within which marriage is barred unless custom allows.

Can cousins marry under the SMA?

Some cousin relationships fall within prohibited degrees; check the schedule and any applicable custom.

Can a person with mental illness marry?

Only if capable of valid consent and not suffering from a disorder making them unfit, as section 4 provides.

Can we change the SDM office after notice?

The notice is tied to the district where it was given; changing requires a fresh notice.

Can the marriage be solemnised outside the office?

The SMA allows solemnisation at another place within reasonable distance on payment of additional fees, as rules provide.

Do witnesses need to be Delhi residents?

Delhi's notices have referred to Delhi resident witnesses; check current requirements.

Can relatives be witnesses?

Yes, adult relatives or friends can be witnesses.

What if a witness does not turn up?

The solemnisation needs three witnesses; arrange substitutes with valid ID.

Can we get a duplicate marriage certificate?

Yes, certified copies can be obtained from the Marriage Officer's records.

Is online verification enough?

Some documents need physical verification at the SDM office even for online applications.

Does court marriage need a lawyer?

Not legally, but help is useful for complex documents, foreign partners or hostile families.

Can a live-in couple get married under the SMA?

Yes, if they meet the conditions.

Can a court marriage be challenged later?

It can be declared void or annulled only on legal grounds, such as an existing spouse or under-age party.

Does marriage under the SMA affect maintenance rights?

Maintenance is available under the SMA and section 144 BNSS like other marriages.

Which court hears SMA divorces in Delhi?

The family courts in Delhi's district court complexes.

Can I find a family lawyer through Mara Vakil?

Yes. Describe your situation in the form and a verified advocate can call you, free of charge for the introduction.

Which route should two Hindus choose?

A Hindu ceremony followed by registration, or a court marriage under the SMA if they prefer a civil marriage.

Should a couple already married by rites do court marriage again?

No. They should register the existing marriage.

Is there a faster option for an urgent certificate?

If already married by rites, registration is quicker than the SMA's 30-day notice.

What should we carry to the SDM office?

Originals and copies of identity, age, residence and other documents for both partners and witnesses.

Can a middleman speed up court marriage?

No. The 30-day notice is statutory; avoid touts.

How do I add my spouse's name to my passport?

Apply to the passport office with the marriage certificate.

Do I need to update Aadhaar after marriage?

If your name or address changes, update it with supporting documents.

Does Delhi have an anti-conversion law?

Delhi does not have a state conversion law like some other states.

Do conversion laws of other states matter for Delhi couples?

They can, if a partner lives in or is from such a state; the SMA avoids conversion issues.

Can our children follow either religion after an SMA marriage?

Yes. The law does not dictate children's religion.

Does an SMA marriage allow polygamy?

No. SMA marriages are monogamous regardless of religion.

Can talaq dissolve an SMA marriage?

No. SMA marriages are dissolved only under the SMA.

What makes a Hindu marriage complete?

Performance of customary rites; where saptapadi is part of them, completion of the seventh step.

Is a registration certificate enough without a ceremony for Hindus?

No. Dolly Rani (2024) held a valid ceremony is essential for a Hindu marriage.

When is a Hindu marriage void?

If there is a living spouse, or the parties are within prohibited degrees or sapindas without permitting custom.

When is a Hindu marriage voidable?

For reasons like impotence, force or fraud in consent, or concealed pre-marriage pregnancy by another person.

What are sapinda relationships?

Close blood relationships within specified generations, which bar Hindu marriage unless custom permits.

Can a Hindu man marry a Christian woman under the HMA?

No. Both must be Hindus for the HMA; they can marry under the SMA.

Can we marry under the SMA after a religious ceremony that was not valid?

Yes, a couple can solemnise a marriage under the SMA if they meet its conditions.

Should inter-faith couples make wills?

It is wise, because the Indian Succession Act may apply to them and their children.

What if my partner lives in Uttar Pradesh?

Give notice in the Delhi district where one of you has lived 30 days; a copy may go to the other district's Marriage Officer.

Is a Delhi court marriage certificate valid in other states?

Yes, throughout India.

Can we give notice in Delhi if neither of us lives here?

No, unless one of you has actually resided in a Delhi district for 30 days.

What should couples who left home do?

Keep age and ID documents, inform police in writing that you are adults, and seek legal help early.

Can a 20-year-old man marry under the SMA?

No. The man must be at least 21.

Is sex with a minor an offence even if married?

Yes. Sexual relations with a person under 18 are an offence regardless of marriage.

Are live-in relationships legal?

Yes, between adults, and women in relationships like marriage have DV Act protection.

Can a live-in couple marry later under the SMA?

Yes, at any time if they meet the conditions.

Does pregnancy stop a court marriage?

No, pregnancy is not a bar to marriage.

How is a court marriage ended?

Through divorce, annulment or judicial separation under the SMA in the family court.

What is the Marriage Notice Book?

The register where SMA notices are entered and kept open for inspection.

What is saptapadi?

The seven steps in Hindu ceremonies that complete the marriage where they form part of the rites.

What is shuddhi?

An Arya Samaj ceremony of conversion or re-conversion.

What is apostille?

Certification by the Ministry of External Affairs for use of documents in Hague Convention countries.

Can we marry at home under the SMA?

The SMA permits solemnisation at another place on payment of additional fees under the rules; check with the office.

Why do embassies want a government marriage certificate?

Religious certificates are not standardised proof; a registered certificate is accepted for visas and immigration.

Does a marriage certificate help in maintenance cases?

Yes. It makes proving the marriage simple.

Can a spouse deny a registered marriage?

It is much harder, since the record is official and conclusive under the SMA.

Do banks ask for a marriage certificate for joint loans?

Often yes, especially for joint home loans.

What should I check before applying for court marriage?

Eligibility, earlier marriage ended, residence proof, matching documents, affidavits, witnesses and safety.

Can the marriage date be chosen?

Yes, within three months of notice and after the 30-day period, subject to appointment availability.

Can one partner be absent on the marriage day?

No. Both parties must appear personally before the Marriage Officer.

Can a power of attorney holder marry on my behalf?

No. Marriage requires personal appearance and consent.

Does court marriage need any religious priest?

No. It is a civil ceremony before the Marriage Officer.

Can we celebrate a reception after court marriage?

Of course; social celebrations have no legal effect on the marriage.

When did civil marriage begin in India?

With the Special Marriage Act of 1872, replaced by the more open Special Marriage Act of 1954.

Did the old law require renouncing religion?

Yes. The 1872 Act required parties to declare they did not profess major religions; the 1954 Act removed this.

What is the most common reason for delay?

Document mismatches and residence issues, followed by witness problems.

Should we tell everyone before the marriage?

If families are hostile, discretion and safety planning are wise until the marriage is complete.

Can we marry under the SMA on a Sunday?

Marriage Offices work on working days; solemnisation is by appointment during office hours.

Does the Marriage Officer ask personal questions?

The Officer verifies identity, age, consent and eligibility; questions focus on legal conditions.

Can the Marriage Officer refuse without objection?

Only if a legal condition is not met; a refusal can be appealed to the district court.

Is there an appeal against the Marriage Officer's refusal?

Yes, to the district court within 30 days.

Can a court marriage be done for a second marriage after divorce abroad?

Yes, if the foreign divorce is valid and recognised in India; take advice.

Sources checked

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This page gives general information based on the sources listed, as checked on 18 October 2026. Documents and office procedures change; confirm current requirements before applying. Mara Vakil is a technology platform, not a law firm, and does not give legal advice. Read our disclaimer.

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