The conditions
| Condition | What it means |
|---|---|
| Age | Man at least 21; woman at least 18 on the date of marriage |
| No living spouse | Neither party can be married to someone else. A divorce must be final. |
| Consent and capacity | Both must be capable of giving valid consent and of sound mind |
| Prohibited relationship | Not within prohibited degrees, unless a custom governing at least one party permits it |
| Residence (section 5) | At least one party must have lived in the district for 30 days before notice |
Religion and caste are not conditions
The Act applies to all persons regardless of religion or caste. See inter-religion and inter-caste marriage.
Nationality
Foreign nationals can marry under the Act if the conditions are met. See foreign national marriage.
Related pages
Court Marriage Court Marriage Court Marriage Documents Court Marriage Procedure Special Marriage Act
Frequently Asked Questions
Can a 19-year-old man marry under the Special Marriage Act?
No. The minimum age for a man under the Act is 21.
Can a divorced person marry while the ex-spouse's appeal is pending?
It is risky. Get advice on whether the decree has become final.
Disclaimer: This page gives general information about the law and procedure as understood at the time of writing. It is not legal advice for your situation. Requirements may vary depending on the parties' circumstances, applicable law, jurisdiction and the concerned authority, and rules and forms change from time to time. Please consult an advocate before acting.