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Home › Marriage Services › Document Guides › Nikahnama and Certificate with Court Affidavit

Nikahnama, certificate and sworn affidavits — building a marriage file that holds up

Zoya is twenty-three, a nurse in a Delhi hospital. Arif is twenty-six and runs a mobile repair shop in Seelampur. Their families have not agreed, and Zoya’s brother has said he will “go to the police” if she marries. They are both adults, both Muslim, and entitled to marry each other. What they need is not only a proper Nikah but a set of papers that answers, in advance, every question a police officer, a registrar or a relative might ask: how old is she, was she married before, where does she live, and did she marry of her own free will? That set of papers — the Nikahnama, the Qazi’s certificate and each spouse’s sworn affidavit — is what this guide is about.

From ₹7,000 Same day – 2 days Affidavits sworn before notary / Oath Commissioner Nothing payable in advance
What is a Nikahnama and certificate with court affidavit, and why do couples need it?It is a Nikah file of three parts. First, the Nikah itself, performed by a Qazi before witnesses with mehr fixed, and recorded in the Nikahnama — the written contract signed by the bride, the groom, the witnesses and the Qazi. Second, the Qazi’s Nikah certificate, a one-page record with sealed photographs. Third, a sworn affidavit by each spouse, on stamp paper, attested by a notary or an Oath Commissioner — usually at a district court complex, which is why people call it a “court affidavit” — stating their name, parentage, date of birth, religion, address, marital status before the Nikah, and that they married of their own free will without force, fraud or undue influence. The affidavits do not create or register the marriage, and no marriage can be made by affidavit alone. Their value is that they are each person’s own statement on oath, and a false statement on oath is punishable under the Bharatiya Nyaya Sanhita, 2023. Registrars, passport officers and police officers therefore rely on them. The package is most useful for adults marrying against family wishes, couples from different States, a spouse who was married before, and couples who will register or apply for a passport soon.

Why a file, not just a paper

A marriage is questioned in predictable ways. A father files a complaint that his daughter has been taken away. A registrar wants to know whether the groom was married before. A passport officer sees two spellings of a name. An employer asks whether the woman listed as a nominee really is the employee’s wife. Each of these people looks for a different fact, and each is more easily satisfied when the answer is already on paper, sworn by the person concerned, and consistent with every other document.

A Nikahnama answers some of these questions — who married whom, when, before whom, and on what mehr — but it was written by the Qazi, often in Urdu, and it does not usually state the bride’s date of birth with supporting proof, her previous marital status with documents, or her own words about why she married. An affidavit does exactly that. When the Nikahnama, the certificate and both affidavits tell the same story in the same names and dates, the file is far harder to challenge than any one of them alone.

The Nikah comes first

No document in this file replaces the Nikah. The marriage exists because an adult man and an adult woman, both free to marry each other, made and accepted the offer at one sitting, with the bride’s real consent, before the witnesses the law requires, with mehr due. Our Muslim Nikah guide explains those essentials in depth, and our Nikah certificate guide explains how the Qazi’s certificate should be prepared. This page concentrates on the affidavits and on how the three parts fit together.

What an affidavit is

An affidavit is a written statement of facts made by a person — called the deponent — who swears or affirms before an authorised officer that its contents are true. The Oaths Act, 1969 governs who may administer oaths and affirmations and what form they take. A Muslim deponent, like anyone else, may choose to affirm rather than swear. Once the oath or affirmation is made, the deponent is legally bound to state the truth, and the statement carries the weight of that obligation.

An affidavit is usually typed on stamp paper, divided into numbered paragraphs, each stating one fact, and ends with a verification in which the deponent declares which paragraphs are true to their own knowledge and that nothing material has been concealed. The deponent signs at the end and on each page, and the officer before whom it is sworn attests it with his signature, seal, registration number and the date. That attestation is what turns a signed letter into an affidavit.

Why it is called a “court” affidavit

There is no separate category in law called a court affidavit. The name comes from where affidavits are usually sworn in Delhi: at the district court complexes — Tis Hazari, Karkardooma, Saket, Rohini, Dwarka, Patiala House and Rouse Avenue — where notaries and Oath Commissioners sit in large numbers. The affidavit is not filed in court, does not create a case, and is not approved by a judge. It is simply attested at the court complex.

This matters because couples sometimes believe that a “court affidavit” is a form of court marriage, or that it gives them protection because a court was involved. Neither is true. A court marriage in the ordinary sense is a marriage under the Special Marriage Act before a Marriage Officer; protection comes from the police or from a court order in proceedings filed by an advocate. The affidavit is evidence, valuable evidence, and nothing more.

Notary or Oath Commissioner?

Swipe to see the full table
NotaryOath Commissioner
Appointed byThe Central or State government under the Notaries Act, 1952The High Court or district court, for administering oaths
KeepsA notarial register with an entry number for each actA register of affidavits attested
Commonly used forAffidavits for any purpose, including use abroadAffidavits for courts and many offices
AcceptanceWidely acceptedWidely accepted within India

For the purposes of a Nikah file, either will do, and offices in Delhi routinely accept both. Where the affidavit may later be used abroad — for a spouse visa, for example — a notarised affidavit is usually preferred, because the notarial attestation is the step that leads to further attestation or apostille. We tell couples in advance which we will use and why.

Two points apply whichever officer is used. The deponent must appear in person, with original identity proof, and sign in the officer’s presence. And the officer attests the oath and the signature; he does not vouch for the truth of the facts, which remains the deponent’s responsibility.

Stamp paper and e-stamps

Affidavits are made on non-judicial stamp paper of the value fixed by the State’s stamp law for an affidavit. In Delhi, stamp duty is now paid through e-stamp certificates issued by authorised collection centres, and the affidavit is printed on or attached to the e-stamp. The duty on an affidavit is a small fixed amount. The e-stamp should be bought in the name of the deponent, with the purpose written as “affidavit”, and its unique certificate number can be verified online by anyone who later receives the document.

Where an affidavit is prepared on plain paper and only “notarised”, some offices accept it and others do not. Where it is prepared on old physical stamp paper bought from an unknown source, the paper itself may be doubted. The small cost of a proper e-stamp removes both problems.

We arrange the e-stamps and the attestation for both spouses’ affidavits, and the total we give you before we start already shows what they cost. If extra affidavits are needed — for a witness, for a name variation beyond the ordinary, or for a particular office’s own format — we say so before they are prepared, together with what they add to the total, so there is nothing unexpected on the day.

Affidavit, declaration or self-attested statement?

Not every office needs an affidavit. Since the government’s push towards self-certification, many departments accept a self-attested copy of a document, or a signed declaration on plain paper, where they once demanded an affidavit. An employer updating records, a housing society, or a school may be content with a simple declaration. So why swear affidavits at all?

Because the situations this package is designed for are the ones where plain declarations are weakest. A registrar under a compulsory registration order follows a prescribed list, which usually includes affidavits. A police officer inquiring into a complaint wants a statement made on oath, before the dispute, by the woman herself. An advocate preparing a protection petition wants sworn evidence of age and consent. A signed letter is easy to disown; an affidavit sworn before a notary, with a photograph and an entry in his register, is not. For ordinary purposes a declaration may suffice, but for a marriage that may be challenged, the affidavit is the right instrument.

The witnesses, and whether they should swear too

A Sunni Nikah needs two adult Muslim male witnesses, or one man and two women, present at the offer and acceptance. In a contested marriage, the witnesses matter twice: at the ceremony, and later, if anyone claims the ceremony never happened. Couples marrying without family often rely on friends as witnesses. That is perfectly lawful, but the friends should be people who will still be reachable in a year, who have identity documents, and who are willing to confirm what they saw.

In most cases the witnesses’ signatures on the Nikahnama and their identity copies are enough. Where serious opposition is expected, it can help for one or both witnesses to swear a short affidavit stating that they were present, that the bride and groom consented in their presence, and on what date and where. This is optional and adds a small cost, but it closes the one gap a determined opponent might try to open.

The Qazi’s part in the file

The Qazi does three things for this file: he performs the Nikah, he writes up the Nikahnama and enters it in his register, and he issues the certificate. For a contested marriage he may do one thing more, which is to confirm later, if asked by the police or a court, that he performed the Nikah and asked the bride for her consent. A Qazi who keeps proper records and is willing to confirm them is the strongest witness a couple can have, because he has no stake in the family dispute. We use Qazis who keep registers and who understand that some of the Nikahs they perform will be questioned.

The Qazi should also be satisfied, before he begins, that the bride is consenting. A good Qazi asks her directly, away from the groom and his friends, and records that he did so. Couples sometimes find this uncomfortable; it is in fact the best protection they have.

How each affidavit is set out

A good affidavit is short and orderly. The form we use for each spouse follows this pattern, adapted to the facts: Our Muslim marriage affidavit guide covers the other affidavits couples need, including iddat, names and pensions.

  1. Title: “Affidavit”, with the deponent’s name.
  2. Deponent’s description: full name, father’s name, age, and permanent and current addresses, followed by the words by which the deponent swears or affirms.
  3. Identity and age: date of birth and the document that proves it.
  4. Religion: that the deponent is a Muslim, and the school if relevant.
  5. Marital status before the Nikah: unmarried, divorced or widowed, with details.
  6. The Nikah: date, place, Qazi, witnesses and mehr.
  7. Free consent: that the deponent married of their own free will.
  8. Capacity: that the parties are not related within the forbidden degrees and that nothing else prevented the Nikah.
  9. Purpose: that the affidavit is made for registration and other lawful purposes.
  10. Verification: place, date and the deponent’s signature.

Each spouse makes a separate affidavit. A joint affidavit is sometimes required for a particular purpose, such as a passport, but for the core file separate affidavits are better, because each person’s consent and status are their own facts.

The age paragraph

This is the paragraph most likely to be examined. It should state the date of birth, the age on the date of the affidavit, and the document that proves it — a birth certificate, the Class 10 certificate, or a passport — with its number. The bride must be at least eighteen and the groom at least twenty-one — the minimum ages fixed by the Prohibition of Child Marriage Act, 2006. Where documents give different dates of birth, as happens with Aadhaar entered from memory, the affidavit should say so and state which document is correct and why, usually the school or birth record.

An affidavit cannot make a person older than their documents. If the only reliable document shows the bride below eighteen, no affidavit, Nikah or certificate can make the marriage lawful, and we will not proceed. Where there is genuinely no document — which is rare for young adults today — a medical age assessment may be needed before anything else.

The marital-status paragraph

The deponent states whether they were unmarried, divorced or widowed before the Nikah. For a divorced deponent, the paragraph gives the date and manner of the divorce — talaq pronounced and completed, khula, mubarat, or a decree of a court under the Dissolution of Muslim Marriages Act, 1939 — and the document that proves it. For a widowed deponent, it gives the date of the spouse’s death and the death certificate. A divorced or widowed bride should also state that her iddat was completed before the Nikah.

For a groom who remains married to another wife, the affidavit must say so. A Muslim man may, under his personal law, have more than one wife subject to strict conditions, but concealment is fraud against the new wife, and some laws, such as the service rules for government employees and the Uniform Civil Code in Uttarakhand, impose further restrictions. We do not prepare an affidavit that describes a married man as unmarried, and we explain the position to the bride before the Nikah.

The religion paragraph

Since a Nikah draws its validity from Muslim personal law, the affidavit states that the deponent is a Muslim. Where both were born Muslim, one line is enough. Where a deponent has embraced Islam, the affidavit should state when and before whom, and attach any certificate, because a conversion made only to enable a marriage may later be examined. Several States also have laws requiring a declaration before conversion. Conversion is not something we arrange; partners who intend to keep separate religions are better served by a civil marriage under the Special Marriage Act.

The residence paragraph

Both current and permanent addresses should be given, with the proof for each. This paragraph matters for two reasons. Registration in Delhi is done by the registrar for the area where the marriage was solemnised or where a party resides, so the residence must be provable. And where a family complaint is expected, the police station with jurisdiction depends on addresses; a clear statement of where the couple now lives helps them direct any representation to the right station.

This is the heart of the affidavit for couples marrying against family wishes. It states, in the deponent’s own name, that they married of their own free will, without any force, fraud, coercion or undue influence from anyone, that they are adult and of sound mind, and that no one has taken them anywhere against their will. It may add that the deponent has chosen to live with their spouse at a stated address.

We keep this paragraph plain. Dramatic statements about the family, accusations or long narratives belong, if anywhere, in a complaint or a petition drafted by an advocate, not in an affidavit meant to be shown to registrars and employers. The simpler the statement of consent, the harder it is to twist.

What a consent paragraph looks like

Couples often ask to see the actual words. Every affidavit is drafted to the facts, but a typical consent paragraph, for a bride, reads roughly like this: “That I am a major, aged twenty-three years, and of sound mind. That I have solemnised my Nikah with Arif, son of Rashid, on the date and at the place stated above, of my own free will and choice, and without any force, pressure, fraud, coercion or undue influence from any person. That no person has taken me away or kept me anywhere against my will. That I am residing with my husband at the address stated above by my own choice.”

That is all it needs to say. It names the facts that matter in law — majority, sound mind, free will, no coercion, chosen residence — and nothing else. A groom’s paragraph is the same in substance. We avoid adjectives, accusations and emotional language, and we never put words in a deponent’s mouth that they would not use themselves; we read the paragraph aloud and change it if they are not comfortable with it.

Mehr in the affidavits

The Nikahnama is the proper record of the mehr, and the affidavits simply repeat it: the amount, the prompt and deferred portions, and any part paid at the ceremony. Repeating it matters in a contested marriage, because relatives who deny the marriage sometimes also deny that any mehr was fixed, and a wife’s sworn statement made at the time is useful evidence of her entitlement. Where the couple want detailed terms, including a delegated right of divorce or conditions about residence, those belong in the Nikahnama or a separate mehr and Nikah conditions agreement, and the affidavit refers to that document.

Explaining name differences

Where a name appears in different forms — “Mohd. Arif” in the school certificate, “Mohammad Arif” in the passport, “Arif Qureshi” in Aadhaar — the affidavit should list each form, state that all refer to the deponent, and say which form is used in the Nikahnama. The same applies to a parent’s name written differently in two documents. This short paragraph saves long explanations later at the registrar’s counter and the passport office.

Photographs, identity and signatures

A recent photograph of the deponent pasted on the first page, signed partly across by the deponent and stamped by the notary, makes the affidavit much more useful for identification, especially where the person reading it has never met the deponent. A copy of the identity document mentioned in the affidavit should be attached. The deponent should sign every page, and the signature should match the one on the Nikahnama and identity documents; a bride who signs in Urdu on one document and in English on another should expect a question.

Language and understanding

Affidavits in Delhi are usually in English or Hindi. The deponent must understand what they are swearing to. Where a deponent reads only Urdu, or reads English poorly, the affidavit should record that its contents were read over and explained to the deponent in a language they understand, and by whom. We read each affidavit aloud to the deponent before it is sworn and ask them to confirm each paragraph, because an affidavit the deponent cannot later explain is a weak one.

What happens if an affidavit is false

The weight of an affidavit comes from the consequences of lying in it. A person bound by an oath or affirmation who makes a statement they know or believe to be false, or do not believe to be true, gives false evidence under the Bharatiya Nyaya Sanhita, 2023, which replaced the Indian Penal Code, and the offence is punishable with imprisonment and fine. Using a document one knows to be false as genuine attracts further provisions. These are not theoretical risks: false age affidavits in marriage cases are regularly prosecuted when the true age later comes to light.

For the couple, the lesson is simple. Everything in the affidavit must be true and supported by documents. An affidavit that understates a groom’s earlier marriage, adds a year to a bride’s age, or gives an address where the couple never lived does not protect them; it hands the other side a weapon. We draft only from documents the couple show us and decline to include anything they cannot support.

There is no “marriage by affidavit”

A persistent myth holds that two adults can marry by signing a joint affidavit or a notarised “marriage agreement”. Some operators still advertise it. It is not a marriage. For Muslims, a marriage is created by a valid Nikah; for others, by the ceremonies their personal law recognises or by registration under the Special Marriage Act. A notary attests signatures and oaths; he has no power to solemnise or register a marriage, and a notarised document that claims to create one creates nothing. Courts have repeatedly refused to treat such papers as proof of marriage.

The danger is real. A woman who believes she is married on the strength of a notarised agreement may discover, when she claims maintenance or inheritance, that in law she was never a wife. Couples who do not want a religious ceremony have a proper alternative — the Special Marriage Act — and couples who want a Nikah should have one. The affidavits in this package support a real marriage; they do not stand in for it.

What the affidavits cannot do

Marrying against family wishes: the law

The law on this is settled and clear. The Supreme Court held in Lata Singh v. State of U.P. (2006) that an adult is free to marry anyone they like and that harassment or violence against such couples must be stopped by the administration. In Shakti Vahini v. Union of India (2018) it laid down preventive, remedial and punitive measures against honour crimes and khap interference, including directions to police. In Shafin Jahan v. Asokan K.M. (2018), the Hadiya case, it held that an adult woman’s choice of husband is part of her right to liberty and that courts may not second-guess it. And in Laxmibai Chandaragi v. State of Karnataka (2021) it again reminded police that an adult’s consent to marriage does not need the approval of family or community.

In short: two Muslim adults with no legal bar between them may marry by Nikah without their parents’ consent, and the State must protect them. The practical difficulty is not the law but proof — proof that both are adults and that the marriage was freely chosen. That is what the file provides.

Informing the police in advance

Where a couple fears that a family member will file a false complaint or threaten them, it is common to send a short written representation to the Station House Officer of the police station where they live, with copies to the Deputy Commissioner of Police for the district. The representation states that the two are adults who married by Nikah on a stated date, that they fear harassment from named persons, and asks for their safety to be ensured. It encloses copies of the Nikahnama, the certificate and both affidavits, and identity documents.

Sending it by a method that gives proof of delivery — speed post, email to the official address, or delivery at the station with a receipt — is important. The representation does not guarantee protection, but it puts the police on notice, and if anything happens later the couple can show that they asked for help. The steps are set out further on our police protection for couples page.

If a complaint has already been filed

Families sometimes file a missing-person report or a complaint of kidnapping before the couple have done anything. When the police trace the woman, the key step is her own statement. An adult woman who says she left of her own will and married by choice cannot lawfully be handed over to her family against her wishes. In a registered case, her statement may be recorded before a Magistrate under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaced Section 164 of the old Code, and such a statement carries weight in deciding what happens next.

The affidavit sworn at the time of the Nikah is strong corroboration of that statement, because it was made before any dispute, in her own name, on oath. But a pending case is legal proceedings, and it is for your advocate, whose fee is engaged and paid by you directly; we do not quote, collect or share it. If you do not yet have one, you can look through our advocate directory.

Protection petitions and safe houses

Where the threat is serious, couples often approach the High Court with a petition seeking directions to the police to protect them. The Delhi High Court hears such petitions frequently, and following court directions the Delhi government has arranged safe houses where threatened couples may stay for a period. These are remedies obtained through an advocate. The documents in this package are exactly what the advocate will ask for first: proof of age, proof of the marriage, and each spouse’s sworn statement of free consent.

Keeping a record of threats

Where a couple are threatened, evidence of the threats matters as much as evidence of the marriage. Keep every message, voice note and call log exactly as received; do not delete or forward selectively. Note the date, time and words of spoken threats as soon as possible afterwards, and the names of anyone present. Screenshots should show the sender’s number and the date. If someone comes to your home or workplace, note it and tell a colleague or neighbour.

In an emergency, call 112. A woman facing threats can also call the women’s helpline 181. Every threat that is reported in writing to the police, with the record attached, strengthens any later request for protection. An advocate will ask for these records first, so keep them in one place with the marriage file.

Couples from different States

Many couples who marry in Delhi come from elsewhere — a bride from Meerut, a groom from Bihar — and a complaint may be filed in the home district of one of them, far from where they now live. The affidavits should give both permanent and current addresses so that it is clear where the couple live and which police station they have informed. Where a complaint is registered in another State, the police of that State may come to Delhi to trace the couple; having the file ready, with copies, makes that encounter far calmer. Any proceedings in another State, again, are for your advocate there.

When one partner was married before

A divorced or widowed bride, or a divorced groom, needs more than a line in the affidavit. The supporting documents — a talaqnama, a khulanama, a decree of dissolution, or a death certificate — should be attached to the affidavit and copied into the file. A so-called divorce by instant triple talaq is void under the Muslim Women (Protection of Rights on Marriage) Act, 2019, and the earlier marriage continues in law; the woman cannot enter a new Nikah until that marriage is properly ended. We check these documents before the Nikah, not after.

When one partner is abroad

Where the groom works in the Gulf or the bride is an overseas citizen, the Nikah itself may be performed in person during a visit or, where the Qazi accepts it, through a wakil appointed by a properly attested written authority. The absent partner’s affidavit can be sworn before an Indian consular officer at the embassy or consulate, or before a local notary with the attestation the receiving office requires. Our NRI and foreigner Nikah service handles these arrangements.

The first thirty days after the Nikah

The file is most useful if it is followed by a few steps soon after the Nikah. Register the marriage with the government within weeks rather than months, while witnesses are available and memories are fresh. If the couple are renting, take a proper rent agreement in both names and complete the tenant verification with the local police, which also records where they live. Inform the employer of each spouse and update nominations. Keep a set of the file at a trusted friend’s or relative’s home, and scans in an email account, so that a single lost bag does not leave the couple without proof.

Couples marrying against family wishes should also be careful about what they share on social media about where they live and work, at least until tempers cool. And they should keep in touch with any family member who is supportive; reconciliation is common, and a calm relative who can speak to both sides is often worth more than any document.

Checking an affidavit someone shows you

Sometimes a family is shown an affidavit rather than making one — for example, a groom’s affidavit that his earlier marriage ended. Check that it is on a genuine e-stamp whose number can be verified online, that the notary’s seal carries a name and registration number, that the deponent’s photograph matches, and that the facts it states are supported by documents such as a talaqnama or decree. An affidavit is only a statement; the documents behind it are what prove the fact.

If someone later changes their story

Under family pressure, a spouse — usually the bride — is sometimes made to sign a second affidavit or statement saying the opposite of the first: that she was taken away, that she never consented, that the Nikah was forced. This is one of the hardest situations a couple can face, and it is worth understanding how the law sees it. Two contradictory sworn statements by the same person cannot both be true, so at least one of them exposes the deponent to a charge of false evidence. Courts and police therefore look at the circumstances of each: when it was made, where, in whose presence, and whether the person was free to speak.

An affidavit sworn calmly at the time of the Nikah, before a notary, with a photograph, supported by a Qazi who asked for consent and witnesses who saw it, usually carries more weight than a retraction produced after the woman was taken back to her family. But this is exactly the point at which the matter becomes legal proceedings, and the right person to handle it is an advocate. What the couple can do in advance is make the original file as strong and as clearly voluntary as possible.

When the family comes round

Many families who oppose a marriage accept it within months, particularly after the couple show that they married properly and are settled. When that happens, there is no need to repeat the Nikah; a valid Nikah stays valid. Families often hold a walima or a gathering later, and some ask for a second recitation for the sake of relatives who were absent, which is a social occasion and not a new marriage. The file remains useful: the Nikahnama and the registration certificate are still the documents every office will ask for, and the affidavits need no withdrawal.

Government and private employees

Employees should check their service rules. Many government and public-sector employers require an employee to intimate a marriage within a set period and to update nominations for provident fund, gratuity and insurance; some also require prior permission in particular circumstances, such as a marriage to a foreign national. A copy of the Nikahnama, the certificate and, where names differ across records, the affidavit explaining it, usually satisfies the establishment section. Private employers generally need only the certificate for records and health cover.

Using the file

Swipe to see the full table
PurposeWhat is usually looked at
Registration with the registrarNikahnama, certificate, affidavits of age, status and residence, IDs, photographs, witness
Police inquiry after a family complaintAffidavits of age and free consent, Nikahnama, IDs
Passport (spouse name or surname)Registrar’s certificate, or a prescribed joint affidavit with photograph
Employer, insurer, bankCertificate, Nikahnama, IDs; affidavits where names differ
Advocate, for a protection petitionThe whole file, with any threats documented separately

In Delhi, marriages are required to be registered under the Delhi (Compulsory Registration of Marriage) Order, 2014. Our Muslim marriage registration service uses this file for the application, and where the registrar asks for affidavits in a particular form, our Muslim marriage affidavit service prepares them.

Keeping every paper consistent

The value of the file lies in agreement. Before anything is signed, we lay the documents side by side: identity cards, age proof, address proof, the draft Nikahnama, the draft certificate and both draft affidavits. Every name, father’s name, date of birth, address and date of the Nikah must match. Where a document is simply wrong — an Aadhaar date of birth entered carelessly — the affidavit explains the difference rather than copying the error. Only then are the originals signed and sworn.

After signing, we make matched sets: one for each spouse, one for registration, and one for the police or an advocate if needed, each with the same pages in the same order. A couple who hand an officer a tidy, consistent set are taken more seriously than a couple searching through a phone for a photograph of a page.

What we will not do

An example: Zoya and Arif

Zoya and Arif, from the opening of this guide, came to us with their documents a week before the date they had chosen. Zoya’s Class 10 certificate and passport agreed on her date of birth; her Aadhaar did not, by one day. Arif’s name appeared as “Mohd. Arif” in his school certificate. The Nikah was performed at a Qazi’s office in the presence of two of Arif’s friends as witnesses, with mehr fixed and partly paid. The same afternoon both swore affidavits at the court complex before a notary; Zoya’s explained the Aadhaar error, and Arif’s explained the two forms of his name.

The next morning they sent a representation, with copies of the file, to the SHO and the DCP. Two days later Zoya’s brother did go to the police. When officers called the couple, Zoya confirmed in writing that she had married of her own will and referred to her affidavit. The inquiry closed. Three weeks later the couple registered the marriage using the same file.

An example: a widow’s remarriage

Nasreen, widowed four years earlier, wished to marry Salim, a divorced teacher. Her late husband’s family objected, and there was a dispute over her share in his house. We asked for her first husband’s death certificate and Salim’s khula documents before fixing the date. Each affidavit set out the earlier marriage, its end and the supporting document, and Nasreen’s confirmed that her iddat had long been completed. When her in-laws later suggested that the second marriage was invalid, the file answered every point, and her advocate in the property dispute used copies of it.

An example: a couple from two States

Imran, from a village near Darbhanga, and Shabnam, from Bareilly, met while working in Gurugram. Neither family knew. They married by Nikah in Delhi and swore affidavits the same day, each giving a permanent address in their home State and a current address in Delhi. They sent representations to the SHO in Delhi, and copies by speed post to the police stations of both home districts, stating simply that they were adults who had married of their own will. When Shabnam’s uncle later approached the police in Bareilly, officers there already had her letter and the affidavit on file, and the matter did not go further. The couple registered the marriage in Delhi the following month.

How the day runs

  1. Morning: documents checked in original; draft Nikahnama, certificate and affidavits compared and corrected.
  2. The Nikah: consent, khutba, offer and acceptance before witnesses, mehr stated; Nikahnama signed and registered by the Qazi.
  3. Certificate: prepared with sealed photographs.
  4. Affidavits: e-stamps bought; affidavits printed, read over to each spouse, signed and sworn before the notary or Oath Commissioner.
  5. Sets: copies made and arranged; each spouse leaves with a complete set.

With documents ready and both spouses and witnesses present, all of this is normally done in a single day.

Documents to bring

Common mistakes

Our fee and what you get

Our Nikahnama and Certificate with Court Affidavit service costs ₹7,000 and usually takes Same day – 2 days once the papers are in order.

Swipe to see the full table
IncludedWhy it helps
Nikah with a Qazi of your school, witnesses and mehr guidanceA valid marriage, properly performed
Nikahnama and the Qazi’s certificate with sealed photographsThe marriage recorded and easy to show
Affidavit of the bride and of the groom, drafted from their documentsAge, status and consent on oath
E-stamps and attestation by notary or Oath Commissioner arrangedAffidavits offices accept
Name and date differences explained on oathNo mismatch questions later
Matched sets for registration, police or advocateReady for whatever comes next

Registration with the government and any police representation drafting beyond a standard letter are separate packages, and we tell you the total before we start. Any court proceedings are for your advocate, whose fee is engaged and paid by you directly; we do not quote, collect or share it.

FAQ

Nikah with court affidavit — questions people ask

What is a “court affidavit” for a Nikah?
It is an ordinary affidavit — a written statement of facts sworn on oath — made by the bride or groom before a notary or an Oath Commissioner, usually at a district court complex, which is why people call it a court affidavit. It is not filed in any court and it does not start a case.
Why do we need affidavits if we already have a Nikahnama?
The Nikahnama records the contract. The affidavits are each spouse’s own sworn statement of age, marital status, religion, residence and free consent. Registrars, passport officers and police officers ask exactly these questions, and a sworn answer from the person concerned carries weight.
Can we get married just by making an affidavit?
No. An affidavit does not create a marriage, and there is no such thing in Indian law as a marriage by affidavit or by notarised agreement. A Muslim marriage is created by a valid Nikah; the affidavit only records facts about it.
Who can attest the affidavit — a notary or an Oath Commissioner?
Either may administer the oath. A notary is appointed under the Notaries Act, 1952; an Oath Commissioner is appointed by the High Court or district court for administering oaths. Most offices accept affidavits attested by either.
What stamp paper is used for the affidavit?
Non-judicial stamp paper, or an e-stamp certificate, of the value the State prescribes for an affidavit. In Delhi the duty on an affidavit is small and fixed; the e-stamp is bought from an authorised centre in the deponent’s name.
What should each affidavit say?
Full name, parentage, date of birth and age, religion, current and permanent address, marital status before the Nikah, the date and place of the Nikah, the Qazi and witnesses, the mehr, and a clear statement that the deponent married of their own free will without force, fraud or undue influence.
Is it an offence to make a false affidavit?
Yes. A person bound by oath who makes a false statement gives false evidence under the Bharatiya Nyaya Sanhita, 2023, which is punishable with imprisonment and fine. That is why affidavits carry weight, and why every fact in them must be true.
Do both of us have to be present?
Yes. Each deponent must appear personally before the notary or Oath Commissioner, sign in their presence and take the oath. An affidavit sworn on someone’s behalf is not their affidavit.
Can the bride be under 18 if she consents?
No. Indian law fixes eighteen as the minimum age for a woman and twenty-one for a man, under the Prohibition of Child Marriage Act, 2006. We do not arrange a Nikah or prepare affidavits where either is below that age, and no affidavit can make such a marriage lawful.
Will these documents stop our families from complaining to the police?
They cannot stop a complaint, but they answer its central question. When police inquire, a sworn statement of age and free consent, with the Nikahnama and certificate, shows that two adults married of their own will. Protection itself comes from the police or a court.
Should we send a copy to the police in advance?
Where a couple fears violence or a false complaint, a written representation to the SHO and the DCP of the area, enclosing copies, is a common step. It puts the police on notice. If there is real danger, a protection petition may be needed, which is for your advocate.
Are the affidavits useful for marriage registration?
Yes. Registrars ask for affidavits of the parties on age, marital status and residence in a prescribed form, and a file prepared this way usually meets that requirement or needs only a short supplementary affidavit.
Can an affidavit explain a spelling difference in our names?
Yes. A short affidavit stating that two forms of a name refer to the same person, and explaining why, is the usual way to deal with a mismatch between the Nikahnama and an identity document.
What if one of us was married before?
The affidavit should state it truthfully — divorced, with the date and manner of the divorce, or widowed, with the date of death — and a divorced or widowed bride should confirm that her iddat is over. The supporting documents should be attached.
Does the affidavit need a photograph?
It is not a legal requirement, but a photograph of the deponent pasted on the affidavit and signed across by the deponent and stamped by the notary makes it far more useful for identification.
In which language is the affidavit written?
Usually English or Hindi. If the deponent does not read the language, the affidavit should record that it was read over and explained in a language they understand, and by whom.
How long is an affidavit valid?
An affidavit does not expire, but it speaks as of the date it was sworn. Offices often prefer a recent one, and if facts change, such as an address, a fresh affidavit should be made.
Can we do this if one partner is not Muslim?
Both partners must be Muslim for a Nikah, and conversion is not a service we offer. Partners of two religions who each wish to keep their own can marry civilly under the Special Marriage Act, 1954.
Can an NRI partner swear the affidavit abroad?
Yes, before an Indian consular officer or a notary in that country, with attestation as the receiving office requires. For the Nikah itself, both parties or a properly appointed wakil must take part.
Is this package the same as government registration?
No. Registration is a separate application to the registrar. This package gives you a complete, consistent file that makes registration straightforward.
Should our witnesses also make affidavits?
It is optional. Their signatures on the Nikahnama and their identity copies are usually enough, but where strong opposition is expected, a short affidavit by a witness confirming that the bride and groom consented in their presence closes a possible gap.
Is a signed declaration on plain paper enough instead of an affidavit?
For many ordinary purposes, yes. But registrars under a compulsory registration order, police inquiring into a complaint, and advocates preparing a protection petition look for statements on oath, and a sworn affidavit is much harder to disown than a signed letter.
What should we do if we receive threats after the Nikah?
Keep every message and call record as received, note spoken threats with dates, and report them in writing to the police with copies of your marriage file. In an emergency call 112; women can also call 181. Protection proceedings, if needed, are for your advocate.
Does the mehr need to be mentioned in the affidavit?
It is useful. The Nikahnama is the main record, but a wife’s sworn statement of the amount, the prompt and deferred portions, and any part paid helps if relatives later deny the marriage or the mehr.
Our families have now accepted the marriage. Do we need to repeat the Nikah?
No. A valid Nikah remains valid. A walima or a later gathering is a social occasion, not a new marriage, and your Nikahnama, certificate and affidavits stay as they are.
What if my family forces me to sign a statement saying the opposite?
A later statement made under pressure is judged by its circumstances, and an affidavit sworn freely at the time of the Nikah usually carries more weight. This is a legal matter; contact the police in an emergency and speak to an advocate as soon as you can.
Can the affidavits be sworn on a Sunday or holiday?
Notaries and Oath Commissioners at court complexes usually work on court working days. Some notaries attend on holidays by appointment, but plan the Nikah and the affidavits for a working day where possible.
What does your Nikahnama and Certificate with Court Affidavit service cost?
Our Nikahnama and Certificate with Court Affidavit service costs ₹7,000 and usually takes Same day – 2 days. It covers the Nikah with a Qazi and witnesses, the Nikahnama, the Qazi’s certificate with photographs, and sworn affidavits of both spouses on stamp paper, drafted from your documents and checked against the Nikahnama. Registration is a separate package, and we tell you the total before we start. Any court case is for your advocate, whose fee is engaged and paid by you directly; we do not quote, collect or share it.
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