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18 Answers · Delhi NCR & Pan-India

Court Marriage FAQs — India

The questions couples ask most, answered directly. Eligibility, the 30-day notice, documents, timelines, inter-faith marriage, foreign nationals, NRIs, apostille and OCI — in plain language, with links to the full guides.

Advocate Gaurav Rohilla ·18+ years matrimonial practice, Delhi NCR ·Last updated: July 2026

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Overview

Court Marriage in India — The Short Version

Court marriage in India is registration under one of two laws: the Hindu Marriage Act, 1955, which registers an existing ceremonial marriage and can be same-day, or the Special Marriage Act, 1954, a civil marriage for any two adults with a fixed 30-day notice.

The 18 answers below cover what couples ask most. For depth, each links to a full guide: documents, the process, single status, apostille, OCI, and inter-faith marriage.

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Common Questions

Frequently Asked Questions

What is court marriage in India?
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Court marriage is the legal registration of a marriage before a government authority. In India it is done under either the Hindu Marriage Act, 1955, which registers a ceremonial marriage, or the Special Marriage Act, 1954, which is a civil marriage for any two consenting adults.
What is the minimum age for court marriage?
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The bride must be at least 18 and the groom at least 21. This applies under both the Hindu Marriage Act and the Special Marriage Act, and proof of age is a required document.
Is court marriage valid across India?
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Yes. A marriage registered under the Hindu Marriage Act or the Special Marriage Act is legally valid throughout India and is recognised for all official purposes, including passports, visas and name changes.
Do we need a religious ceremony for court marriage?
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No, not for the Special Marriage Act, which is a purely civil marriage. The Hindu Marriage Act route registers a marriage that has already been solemnised by ceremony, so there the ceremony precedes registration.
How long does court marriage take?
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It depends on the route. A Hindu Marriage Act registration can be same-day under Tatkal once documents are ready. A Special Marriage Act marriage takes about 35 to 45 days because of the 30-day notice.
Can the 30-day notice under the Special Marriage Act be waived?
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No. The 30-day notice is fixed by Section 5 of the Special Marriage Act and cannot be waived, shortened or expedited by any authority, court or payment. Anyone promising a same-day SMA marriage is not describing a lawful process.
What is Tatkal marriage registration?
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Tatkal is fast-track registration under the Hindu Marriage Act, used to register an already-solemnised marriage quickly — often the same day. It is available where both parties qualify under the HMA and the file is complete.
Can objections be raised to our marriage during the notice?
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Yes, but only on lawful grounds recognised by the Act, such as an existing marriage or the parties being under age. A family's disapproval is not a valid legal ground for objection.
What documents are required for court marriage?
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The set depends on the route, but generally includes identity, age and address proof for both parties, photographs, and three witnesses with ID. Foreign partners add a passport, visa and Single Status Certificate. See the full documents guide for a route-by-route checklist.
How many witnesses are needed?
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Three witnesses are required, each with government photo identification and a photograph. For a Hindu Marriage Act registration they should be persons who attended the wedding.
Can a divorced or widowed person remarry by court marriage?
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Yes. A divorced person must produce the final divorce decree, and a widowed person the death certificate of the former spouse. Once the previous marriage is closed on paper, registration can proceed.
Do both partners need to live in Delhi to marry there?
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It depends. At least one party generally needs a documentable residence within the jurisdiction of the SDM where the file is submitted. If neither has a Delhi address, the correct SDM and acceptable proof must be identified in advance.
Is Aadhaar mandatory for court marriage?
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In practice, yes for Indian nationals — it is accepted as identity and address proof and is expected in almost every file. Foreign nationals use their passport and visa with a Single Status Certificate instead.
Can a foreigner marry an Indian citizen in India?
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Yes, under the Special Marriage Act. The foreign partner needs a valid passport and visa and a Single Status Certificate or its accepted substitute, and the 30-day notice applies.
Do inter-faith couples have to convert to marry?
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No. The Special Marriage Act allows inter-faith and inter-caste marriage with no conversion and no religious ceremony. Both partners keep their own religion.
Will an Indian marriage certificate be recognised abroad?
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In most cases yes, once apostilled by the Ministry of External Affairs for Hague Convention countries, or embassy-attested for non-member countries. The correct route depends on the destination country.
How does a foreign spouse get an OCI card after marriage?
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A spouse-based OCI requires the marriage to be registered and subsisting for at least two years. The first two years are usually covered by a spouse visa and FRRO registration, with OCI applied for afterwards.
Should I handle a court marriage myself or use an advocate?
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It is possible to file yourself, but most delays and rejections come from jurisdiction, document format and attestation errors that surface only at the counter. An advocate identifies the correct route and file up front, which is where time is usually saved.
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