Explainer: why a Special Marriage Act marriage cannot be done in one day

Couples often ask for a court marriage the same day. Under the Special Marriage Act, 1954, that is not possible, and anyone who promises it is either describing a different route or not telling the truth.

What the law requires

• At least one of the couple must have lived in the district for not less than thirty days immediately before giving notice to the Marriage Officer.
• The notice is displayed by the Marriage Officer, and objections can be made during the thirty days that follow.
• The marriage must then be solemnised within three months of the notice, before the Marriage Officer and three witnesses.

No Marriage Officer, agent or office can shorten these periods.

What can be done quickly

A marriage performed by religious rites, such as a Hindu or Arya Samaj ceremony, can then be registered under the Hindu Marriage Act, and in Delhi a quicker registration appointment can be obtained on a higher fee. This route is available only where both partners are Hindus, Sikhs, Jains or Buddhists. For couples of different religions who do not wish to convert, the Special Marriage Act, with its thirty days, is the route.

Choosing

Both are real marriages. The choice depends on your religions, your dates and your families. Our court marriage page explains the civil route, the tatkaal marriage page explains the faster registration route, and our full court marriage guide sets out the procedure clause by clause.