What is court marriage?
Despite the name, a court marriage does not take place in a courtroom and no judge is involved. In Delhi, the Marriage Officer under the Special Marriage Act is ordinarily the Sub-Divisional Magistrate (SDM) of the area, and the marriage is solemnised at the SDM's office after a notice period.
People also use “court marriage” loosely for registering a marriage that has already happened with religious rites (for example under the Hindu Marriage Act, 1955). That is a different legal route with different documents. Choosing the right route is the first thing we help with.
Who may need this service
- Couples who want a civil marriage without a religious ceremony
- Inter-caste and inter-religion couples who want to marry without either partner changing religion
- Couples where one partner is an NRI or a foreign national
- Couples who want the simplest route to an official marriage certificate for a passport, visa or bank records
- Couples marrying without a large family ceremony
Legal framework
The Special Marriage Act, 1954 sets the conditions (section 4), the notice to the Marriage Officer (section 5), publication and objections (sections 6 to 8), solemnisation before three witnesses (sections 11 and 12) and the marriage certificate (section 13).
Marriages already performed under personal law can be registered under the law that applies to them: for Hindus, Buddhists, Jains and Sikhs, the Hindu Marriage Act, 1955 read with the Delhi (Compulsory Registration of Marriage) Order, 2014 in Delhi. Section 15 of the Special Marriage Act also allows registration of certain marriages celebrated in other forms.
Eligibility and key conditions
- The man has completed 21 years and the woman 18 years of age
- Neither party has a living spouse at the time of marriage
- Both are capable of giving valid consent and are of sound mind
- The parties are not within the degrees of prohibited relationship (unless a custom governing at least one party permits it)
- At least one party has lived in the Marriage Officer's district for 30 days immediately before the notice
Documents generally required
- Age proof for both (birth certificate, Class 10 certificate or passport)
- Identity and address proof (Aadhaar, passport, voter ID, driving licence)
- Proof of 30 days' residence for the party giving notice (for example a rent agreement with a utility bill)
- Recent passport-size photographs
- Affidavits on date of birth, marital status and nationality, as required
- If divorced: the divorce decree; if widowed: the spouse's death certificate
- Three witnesses with ID and address proof and photographs on the day of marriage
Document requirements may vary depending on the applicable legal route, individual circumstances and the concerned authority.
Procedure
- Consultation. We confirm whether the Special Marriage Act route or registration of an existing marriage is right for you.
- Eligibility and jurisdiction. We check age, marital status and which district you can apply in based on 30-day residence.
- Documents and affidavits. We review every document and prepare the affidavits and forms.
- Notice of intended marriage. The notice is submitted to the Marriage Officer (online application in Delhi, followed by verification).
- Notice period. The notice is published and kept open for objections for 30 days.
- Solemnisation. After 30 days and within three months of the notice, the marriage is solemnised before the Marriage Officer and three witnesses.
- Certificate. The Marriage Officer enters the certificate in the Marriage Certificate Book and issues a copy.
Common problems we see
- Residence proof in the wrong district, which means the notice has to be given elsewhere
- Names or dates of birth that differ between documents
- A previous marriage without a final divorce decree
- Witnesses without valid ID on the appointment day
- Missing the three-month window after the notice, which means starting again
How an advocate can help
- Advise which legal route applies to your situation
- Prepare and check documents, affidavits and the notice
- Explain the notice and objection stage and what to expect
- Help plan witnesses and the appointment
- Advise on certificate issues and later corrections
- We cannot guarantee a date, skip the notice period or promise that an authority will act in a particular way
Where we assist
We assist couples across Delhi and Delhi NCR, including Noida, Greater Noida, Ghaziabad, Gurugram, Faridabad. The authority you approach depends on where you live and, for registration, where the marriage took place.
Related services
Legal guides
Frequently Asked Questions
Is court marriage done in a court?
How long does court marriage take?
Can we marry on the same day?
How many witnesses are needed?
Do we need our parents' consent?
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.
