Who Can Register a Marriage? Eligibility Explained

A marriage can only be registered if it is a valid marriage in the first place. Registration records the marriage; it cannot cure a marriage that the law treats as void.

Basic conditions for Hindu, Sikh, Jain and Buddhist marriages

  • Neither party has a living spouse at the time of marriage (section 5, Hindu Marriage Act, 1955).
  • The groom has completed 21 years and the bride 18 years at the time of marriage.
  • Both are capable of giving valid consent.
  • The parties are not within prohibited degrees of relationship or sapindas of each other, unless a custom governing both permits it.
  • The marriage was solemnised with customary rites (for example, saptapadi where that is the custom).

Document requirements may vary depending on the applicable legal route, individual circumstances and the concerned authority.

Registering a marriage under the Special Marriage Act (section 15)

A marriage celebrated in another form (for example, a religious ceremony) may be registered under section 15 of the Special Marriage Act if a ceremony took place, the parties have been living together as husband and wife since, neither has more than one spouse living, both are at least 21 at the time of registration, they are not within prohibited degrees, and at least one has lived in the district for 30 days. See special marriage registration.

Situations that need care

  • One party was under age at the time of marriage. The effect on validity and registration needs individual advice.
  • A previous marriage has not been legally dissolved, or the divorce decree is under appeal.
  • The ceremony was performed in a form whose validity is doubtful (for example, an informal ceremony without the required rites).
  • Names, dates of birth or addresses differ across documents.

Our role

We check eligibility before you apply, identify the right legal route and flag anything that could lead to rejection or a later challenge.

Related pages

Frequently Asked Questions

Can we register if we married a few years ago?
Yes, subject to documents and the rules of the authority. See delayed marriage registration.
Can a second marriage be registered?
Only if the earlier marriage was legally dissolved (by divorce decree) or ended by death before the second marriage.
Does registration make an invalid marriage valid?
No. Registration is evidence of marriage; it does not validate a marriage that is void under 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.

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