Court marriage & registration
What is court marriage?
A civil marriage under the Special Marriage Act, 1954, solemnised before a Marriage Officer (the SDM in Delhi) after a 30-day notice, with three witnesses. No religious ceremony is needed.
Who can marry under the Special Marriage Act?
Any man aged 21 or more and woman aged 18 or more, of any religion or nationality, with no living spouse, capable of valid consent and not within prohibited degrees. At least one must have lived in the district for 30 days before the notice.
What documents are required for court marriage?
Age proof, identity and address proof, residence proof for the notice district, photographs, affidavits, divorce decree or death certificate if previously married, and three witnesses with ID. Requirements vary by case and authority.
Are witnesses required?
Yes. Three witnesses are needed under the Special Marriage Act. Registration routes may need a different number.
Can inter-religion couples marry in Delhi?
Yes. The Special Marriage Act allows couples of different religions to marry without either partner converting.
What is the difference between court marriage and marriage registration?
Court marriage creates the marriage before a Marriage Officer. Registration records a marriage already performed with religious rites.
NRI Marriage
Can an NRI marry in India on a short trip?
Under the Special Marriage Act, the 30-day notice period applies. If the partner in India gives the notice, the NRI may only need to be present for later stages. Plan early.
Is an OCI cardholder an NRI?
No. An OCI cardholder is a foreign citizen, so the foreign national process applies.
Foreign National Marriage
Can a foreigner marry an Indian in Delhi?
Yes, under the Special Marriage Act, provided the conditions are met and the documents are in order.
Does the foreign partner need to live in Delhi for 30 days?
Only one party needs 30 days' residence in the district. It is usually the Indian partner.
Divorce
What is the fastest way to get divorced?
Mutual consent divorce is usually faster. The six-month waiting period between the two motions can be waived by the court in suitable cases, following Amardeep Singh v. Harveen Kaur (2017).
Can I file for divorce within one year of marriage?
Under the Hindu Marriage Act, only with the court's leave in cases of exceptional hardship or depravity.
Mutual Consent Divorce
Can the six-month period be waived?
Yes, the court can waive it in suitable cases after considering the facts, as held in Amardeep Singh v. Harveen Kaur (2017).
Can a spouse withdraw consent?
Yes, consent can be withdrawn before the decree. A well-drafted settlement reduces this risk.
Contested Divorce
How long does a contested divorce take?
It varies widely with the court's workload, the evidence and the conduct of the parties. It usually takes considerably longer than mutual consent divorce.
What counts as cruelty?
Cruelty can be physical or mental. Courts look at the whole conduct in context. Examples and outcomes depend on evidence.
Maintenance
How is maintenance amount decided?
The court considers both parties' income, assets, needs, liabilities and standard of living. There is no fixed percentage.
Can a husband claim maintenance?
Under sections 24 and 25 of the Hindu Marriage Act, either spouse may claim. Section 144 BNSS covers claims by a wife, children and parents.
Alimony
Is alimony tax-free?
Tax treatment depends on the form of payment and current tax law. Take tax advice.
Can alimony be changed later?
Periodic alimony can sometimes be varied on a change in circumstances. A final lump-sum settlement generally cannot.
Child Custody
Does the mother always get custody?
No. A child under five is ordinarily with the mother, but the overriding test is the child's welfare.
Can a father get custody?
Yes, if the court finds it is in the child's welfare.
Domestic Violence
Who can file under the DV Act?
A woman who is or has been in a domestic relationship with the respondent, including by marriage or a relationship in the nature of marriage.
Can I stay in the matrimonial home?
A residence order can protect a woman's right to reside in the shared household, subject to the facts and law.
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.