What is court marriage?
There is no law called "court marriage". The phrase is what people use for a marriage solemnised under the Special Marriage Act, 1954 — a civil marriage before a Marriage Officer, with no religious ceremony, open to any two people whatever their religion.
Can court marriage be done in one day?
Not under the Special Marriage Act. Section 5 requires notice to the Marriage Officer of a district in which at least one of you has resided for not less than thirty days immediately before the notice. What can be arranged quickly is a ceremony followed by registration — a valid marriage, but a different thing.
Who can marry under the Special Marriage Act?
Any two people where neither has a spouse living, both are capable of giving valid consent, the male has completed twenty-one and the female eighteen, and they are not within the degrees of prohibited relationship. No conversion, and no consent of parents, is required.
How many witnesses are needed?
Three. The Special Marriage Act requires three witnesses, where most registration procedures require two. Couples who bring two are sent away.
Our families are against it. Is there protection?
Yes. The Supreme Court has directed States to set up safe houses for couples facing opposition, to provide security through the District Magistrate and Superintendent of Police, and to run round-the-clock helplines. Our
court marriage guide sets those directions out in full.
How much does it cost, and do we pay in advance?
Our charge starts at ₹6,500. Government fees are passed on at actuals. You pay nothing in advance — placing the order is free and payment comes after the work is done.
Will our parents be informed if we apply for a court marriage?
The Special Marriage Act does not require parental consent or notice to parents. But the Marriage Officer displays the notice of intended marriage in the office, and where either of you is not a permanent resident of that district, the Act requires a copy to be sent to the Marriage Officer of the district where that person permanently resides, for display there as well. That is how families sometimes come to know. If you fear harassment or violence, tell us before the notice is filed, so that the protection steps explained in our
court marriage guide can be taken in time.
Can we give notice in a district where neither of us lives?
No. The notice must be given to the Marriage Officer of a district in which at least one of you has lived for not less than thirty days immediately before the notice. Choosing a district for convenience, or using an address where neither of you actually lives, puts the whole marriage file at risk and can lead to the notice being rejected. If you have recently moved, the thirty days run from when you began living at the new address, and a rent agreement or other proof of that residence is usually needed.
How long is the notice valid, and what if we miss the date?
The marriage must be solemnised within three calendar months from the date on which the notice was given. If it is not, the notice lapses and a fresh notice has to be given, which starts the thirty-day period again. Plan the date of solemnisation with your witnesses before filing the notice, and tell us early if any of you will be travelling during those three months.
Can a divorced person or a widow have a court marriage?
Yes. The condition is only that neither party has a spouse living at the time of the marriage. A divorced person should bring the final divorce decree, and should make sure that the time for appeal has expired or any appeal has been decided, because remarrying while an appeal is pending can create serious problems. A widow or widower should bring the death certificate of the former spouse. Marrying while an earlier marriage subsists is void and is an offence; our
guide on bigamy explains the consequences.
What happens if the groom is under 21 or the bride under 18?
The Special Marriage Act requires the male to have completed twenty-one years and the female eighteen years on the date of the marriage. A marriage in breach of this condition is void under the Act, not merely irregular. The Marriage Officer checks age proof when the notice is filed and again at solemnisation, so an under-age application will be refused. If one of you is close to the minimum age, the notice can be filed so that the date of solemnisation falls after the birthday, but the age condition must be met on the marriage date itself.
Is the court marriage certificate enough proof of marriage?
Yes. Once the Marriage Officer enters the certificate in the Marriage Certificate Book and it is signed by both of you and the three witnesses, the Act treats the certificate as conclusive evidence that the marriage was solemnised under the Act and that the formalities were complied with. It is accepted for passports, visas, bank and insurance records, and for adding a spouse to service records. For use abroad it may need an apostille, which our
apostille guide explains.
Does court marriage change our religion or our inheritance rights?
Neither of you changes religion. But a marriage under the Special Marriage Act has consequences for succession: the property of a person married under the Act, and of the children, is generally governed by the Indian Succession Act rather than personal law, with an exception where both parties are Hindu, Buddhist, Sikh or Jain. Members of an undivided Hindu family who marry under the Act can also be affected in their position in the family. If property matters to your families, it is worth asking a lawyer before the notice is filed, and making a will; our
will drafting guide explains how.
Is the bride required to change her surname after a court marriage?
No. Nothing in the law requires either spouse to change surname after marriage. Many women keep their own name, some add the husband’s surname and some replace it. If you do change it, the marriage certificate is the base document, and a name change affidavit and, where needed, a gazette notification help banks, employers and the passport office accept the new name. Our
name change affidavit guide explains the steps.
Do both of us have to be physically present?
Yes, at two stages. The notice is signed by both parties, and at solemnisation both of you and the three witnesses must appear before the Marriage Officer and sign the declaration in person. A court marriage cannot be solemnised through a representative or a power of attorney. If one partner is abroad, plan the dates so that he or she is in India for the solemnisation, and see our
NRI marriage page for the residence question.
Can a court marriage be dissolved in the same way as a religious marriage?
A marriage under the Special Marriage Act is dissolved under the same Act, which has its own grounds for divorce and a provision for divorce by mutual consent after the couple has lived separately for a year. As a rule, a divorce petition cannot be presented within one year of the marriage, except in exceptional hardship. Divorce is court work, and it is for your advocate, whose fee is engaged and paid by you directly; you can
find an advocate through our directory.
