Court Marriage Residence Requirements: The 30-Day Rule

What 'resided' means, which proof works, and what to do if you live in different states.

Last reviewed: 27 September 2026. Laws and procedures change; check current rules before acting.

Section 5 of the Special Marriage Act says notice must be given to the Marriage Officer of the district where at least one party has resided for at least 30 days immediately before the notice. This single rule decides where you apply.

Only one partner needs to meet it

If one of you lives in South Delhi and the other in Lucknow, you can apply in South Delhi on the strength of the Delhi partner's residence. If a party permanently lives in another district, a copy of the notice may be sent to the Marriage Officer there.

What 'resided' means

It means actually living there, not owning property there or working there. A workplace in Delhi does not qualify a Gurugram resident. A short, genuine stay can count; a paper address with no actual residence does not.

Proof that offices commonly accept

SituationProof often used
Own or family homeAadhaar, voter ID, passport or utility bill at that address
TenantRegistered or notarised rent agreement, with a utility bill or police verification where available
Paying guest or hostelLetter from the PG owner or hostel, with ID proof of the owner; acceptance varies
Living with relativesRelative's address proof plus an affidavit of residence

Acceptance varies by office. Confirm before you file.

In Delhi, district means sub-division in practice

In Delhi the SDM of your sub-division acts as Marriage Officer. After the 2026 reorganisation, check the current sub-division for your address on the SDM office list.

Couples in different NCR states

If one of you lives in Delhi and the other in Noida or Gurugram, you can choose either district. The Special Marriage Act conditions are the same, but documents and office practice differ. See court marriage across Delhi NCR.

NRIs

An NRI partner rarely meets the residence rule, so the Indian partner usually does. Otherwise at least 30 days' stay before notice plus the 30-day notice period is needed. See NRI marriage procedure.

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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.

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