Court Marriage

Eligibility and legal conditions

• Neither partner can have a living spouse at the time of the marriage. A previous marriage must have ended by a final divorce decree or by the death of the spouse.
• The groom must have completed 21 years and the bride 18 years on the date of the notice, and both must be capable of giving valid consent.
• The partners must not be within the degrees of prohibited relationship listed in the Special Marriage Act, 1954, unless a custom governing at least one of them permits it.
• At least one partner must have lived in the district of the Marriage Officer for 30 days immediately before the notice is given under Section 5. Rented accommodation counts if it can be shown with proof.
• Religion does not matter. The couple does not need to convert, and a Special Marriage Act marriage keeps each partner's religion unchanged.
• Foreign nationals and NRIs can marry under this Act in India, but the residence condition and extra documents such as a passport, visa and a no-objection or single-status document must be in order.

What affects the total cost

• The government fee charged by the Marriage Officer under the Special Marriage Act is nominal.
• Affidavits of age, marital status and nationality are made on stamp paper of the prescribed value and notarised, so there is a small stamp and attestation cost for each partner.
• If one partner lives in another district or state, a copy of the notice is sent to the Marriage Officer there, which can mean an extra visit or follow-up.
• Previously married partners may need certified copies of the divorce decree or a death certificate, and getting fresh certified copies has its own court or office charges.
• Travel for both partners and three witnesses on two dates, the notice verification and the marriage date, is a real cost many couples forget to plan for.

How long it takes

The fixed part is the 30-day notice period. After the notice is filed, it is displayed at the Marriage Officer's office so that anyone can raise a legal objection within 30 days. Once that period is over, the marriage can be solemnised on a date given by the office. In practice the total is about 30 to 45 days. Delays usually come from a mismatch in names or dates of birth across documents, weak residence proof, the slot calendar of the SDM office, a holiday falling on the appointment, or an objection that the Marriage Officer has to inquire into before going ahead.

Common mistakes to avoid

• Filing in a district where neither partner can actually prove 30 days of stay, which leads to the notice being rejected or questioned.
• Using documents that spell a name differently, for example a 10th certificate with one spelling and Aadhaar with another, without an affidavit explaining it.
• Bringing witnesses without original ID and address proof, or witnesses who cannot attend on the solemnisation date.
• Letting more than three months pass after the notice without completing the marriage. The notice then lapses and a fresh notice is needed.
• Assuming a divorce is final when an appeal period is still running or the decree has not yet been passed.

What you get at the end

At the end you receive a marriage certificate entered in the Marriage Certificate Book and signed by the Marriage Officer, both of you and the three witnesses. It is conclusive proof that the marriage was solemnised under the Act. Use it to add a spouse name in a passport, apply for a spouse visa, update bank nominations, insurance and employer records, and as the base document if the wife later chooses to change her surname.

In Delhi NCR

• In Delhi, the Marriage Officer is usually the SDM of the revenue district. The application is started online on the Delhi Revenue Department e-district portal (edistrict.delhigovt.nic.in) and then completed with a visit to the SDM office.
• Delhi applications need Delhi address proof of at least one partner. If both partners live outside Delhi, the notice should be filed in their own district instead.
• Gurugram and Faridabad follow Haryana procedures and Noida and Ghaziabad follow Uttar Pradesh procedures, each with their own online portals, forms and office practice.
• Affidavits for Delhi filings are commonly made on e-stamp paper from SHCIL authorised centres and attested by a notary.
• For couples outside Delhi NCR, the team can guide you online on the documents and the local procedure where possible.