A court marriage in India is a marriage under the Special Marriage Act, 1954, done before a government Marriage Officer. You give notice to the Marriage Officer of a district where one of you has lived for at least 30 days. After a 30-day notice period, the marriage is solemnised before three witnesses and a certificate is issued.
So the shortest court marriage takes a little over a month. Nobody can do it in one day.
What a Court Marriage Is
Court marriage is the common name for a civil marriage under the Special Marriage Act. It is also called a registry marriage. The Marriage Officer is a government officer, usually the SDM, the sub-registrar or a revenue officer named by the state. You do not go before a judge.
Any two people can marry this way, whatever their religion. A Hindu and a Christian can, and so can two Hindus who want no religious ceremony, or a Muslim and a Sikh. Neither partner has to change religion.
Court marriage is different from registering a marriage that has already happened. If you had a Hindu wedding with saptapadi at a temple in Madurai, you register it under the Hindu Marriage Act and your state's rules. That is quicker, and our marriage registration guide covers it.
Who Can Have a Court Marriage
Section 4 of the Special Marriage Act, 1954 sets four conditions at the time of the marriage.
| Condition | What the Act says |
|---|---|
| Age | The man has completed 21 years and the woman 18 years |
| Marital status | Neither has a living spouse |
| Mental capacity | Both can give valid consent and are of sound mind |
| Relationship | They are not within the prohibited degrees, unless a custom of at least one of them allows it |
Parents' permission is not one of the conditions. Two adults who meet these four can marry without it.
Court Marriage Process, Stage by Stage
Stage 1, Notice of Intended Marriage
Both partners sign a notice in the form given in the Second Schedule of the Act. It goes to the Marriage Officer of the district where at least one of you has lived for not less than 30 days just before the notice (section 5). Several states now take this notice online. Maharashtra does it through the IGR portal, and Delhi through e-District.
Stage 2, Publication for 30 Days
The Marriage Officer enters the notice in the Marriage Notice Book, which anyone can inspect free of charge. A copy is put up at a visible place in the office (section 6). If one of you lives permanently in another district, a copy goes to that district's Marriage Officer too.
Stage 3, Objections
Anyone may object within 30 days of publication, but only on the grounds in section 4. That means age, a living spouse, mental capacity or a prohibited relationship. A parent who simply dislikes the match has no ground under the Act.
If someone objects, the Marriage Officer must decide within 30 days (section 8). If he refuses the marriage, you can appeal to the district court within 30 days. Section 9 also lets the officer impose costs of up to ₹1,000 on a person whose objection is not reasonable and not in good faith.
Stage 4, Solemnisation Before Three Witnesses
After the 30 days, if there is no objection, the marriage can be solemnised. Both partners and three witnesses sign a declaration before the Marriage Officer (section 11). Each partner then says to the other, in any language both understand, "I, (A), take thee (B), to be my lawful wife (or husband)" (section 12).
The marriage happens at the Marriage Officer's office, or at a nearby place for an extra fee.
Stage 5, the Certificate
The Marriage Officer enters the certificate in the Marriage Certificate Book. The couple and the three witnesses sign it (section 13). This certificate is conclusive evidence of the marriage.
Watch the three-month limit. If the marriage is not solemnised within three calendar months of the notice, the notice lapses and you must give a fresh one (section 14).
How Many Days Does Court Marriage Take
At least 30 days from the notice, plus the time to get a date with the officer. Plan for five weeks or more. The latest date is three calendar months from the notice.
| Day | What happens |
|---|---|
| Day 0 | Notice given to the Marriage Officer |
| Days 1 to 30 | Notice displayed, objections can be filed |
| Day 31 onwards | Marriage can be solemnised with three witnesses |
| Within 3 months | Must be solemnised, or the notice lapses |
Can a Court Marriage Be Done in One Day
No. The 30-day notice period in section 7 cannot be skipped. A same-day certificate is possible only for a marriage that has already taken place, such as a temple wedding registered under the Hindu Marriage Act, and only where the state offers it. Mumbai's BMC, for example, has a tatkal option for ₹2,500 extra.
Registering an already performed marriage under section 15 of the Special Marriage Act also involves a 30-day public notice (section 16). For section 15, both partners must be at least 21 at the time of registration.
Court Marriage Fees
The Act leaves the fees to the state rules, so they differ by state. Two official examples:
| State | Fee |
|---|---|
| Maharashtra (IGR) | Notice ₹100, solemnisation at the office ₹150, at another place ₹1,000, certificate ₹25 |
| Delhi (Revenue Department) | ₹15 under the Special Marriage Act paid to the district cashier, ₹150 for solemnisation, as listed on two different pages |
Notary charges for affidavits and the cost of stamp paper are extra. Some couples hire a lawyer to fill the forms. That is optional.
Documents for a Court Marriage
The list differs a little by state. These are asked for almost everywhere.
- The notice of intended marriage, signed by both.
- Age proof of both, such as a birth certificate, school leaving certificate or passport.
- Residence proof showing 30 days in the district, such as Aadhaar or a voter ID.
- Passport photos of both.
- Affidavits on marital status and age, if your state asks for them.
- A divorce decree or the death certificate of a former spouse, if either was married before.
- ID and address proof of the three witnesses.
Our documents for marriage registration page has the full list, route by route.
Court Marriage Without Parents
The Act needs consent of the two partners, not of their parents. Parents get no notice from the Marriage Officer. But the notice is public, so a relative who visits the office can see it, and in some states a copy is sent to the district where a partner permanently lives.
If you face threats from family, report them to the local police station in writing and keep a copy. The district legal services authority in your district court complex gives free legal aid to people who qualify.
Court Marriage Kaise Hota Hai, in Short
For readers who searched in Hindi, here is the process in five lines.
- Notice do, us zile ke Marriage Officer ko jahan aap mein se ek 30 din se reh raha ho.
- Notice 30 din tak office mein lagta hai.
- Koi objection na ho to 31ve din ke baad shaadi ho sakti hai.
- Teen gawah (witness) ke saamne declaration sign hota hai.
- Marriage certificate wahin milta hai.
After the Court Marriage
Keep the original certificate safe and make a few attested copies. You will need it for the passport, a spouse visa, a joint bank account and any surname change. Our page on name change after marriage gives the order to update documents.
Common questions
What Is the Minimum Age for Court Marriage?
21 for the man and 18 for the woman, under section 4 of the Special Marriage Act. To register an already performed marriage under section 15, both must be 21.
Can We Do Court Marriage Without Informing Parents?
Yes. The Act does not ask for parents' consent or tell them. The notice is displayed in the Marriage Officer's office for 30 days, though, and anyone can see it.
What If Someone Objects During the Notice Period?
The Marriage Officer looks into it and decides within 30 days. Only objections on the grounds in section 4 count. If he refuses the marriage, you can appeal to the district court within 30 days.
How Many Witnesses Are Needed for Court Marriage?
Three. They sign the declaration and the marriage certificate along with the couple.
Do We Need to Change Religion for a Court Marriage?
No. The Special Marriage Act is open to people of any religion, and neither partner has to convert.
For couples who will still send a biodata to the family before the wedding, a simple one-page design is enough.
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