What is Special Marriage Act?
A marriage under the Special Marriage Act is a civil marriage. It is governed by the Act itself for matters like divorce and maintenance, not by either partner's personal law.
The Act has two uses. Most couples use it to marry for the first time (sections 4 to 14). Couples already married under another form can, in some cases, register that marriage under section 15.
Who may need this service
- Couples from different religions who do not want to convert
- Couples of the same religion who prefer a civil marriage
- Couples where one partner is a foreign national
- Couples who want their marriage governed by a secular law
Legal framework
Section 4 lists the conditions. Section 5 requires a notice to the Marriage Officer of the district where at least one party has lived for 30 days. Section 6 requires the notice to be entered in the Marriage Notice Book and published. Section 7 allows objections within 30 days, and sections 8 and 9 set out how the Marriage Officer inquires into objections.
Section 11 requires a declaration signed by both parties and three witnesses. Section 12 lets the marriage be solemnised at the Marriage Officer's office or another place nearby on payment of additional fees. Section 13 provides for the certificate, which is conclusive evidence of the marriage.
If the marriage is not solemnised within three calendar months of the notice, a fresh notice is required.
Eligibility and key conditions
- Man at least 21, woman at least 18
- No living spouse
- Capable of valid consent and of sound mind
- Not within the degrees of prohibited relationship, unless custom permits
- At least one party resident in the district for 30 days before notice
Documents generally required
- Age proof and identity proof for both
- Address and 30-day residence proof
- Photographs
- Affidavits on age, marital status and nationality
- Divorce decree or death certificate of former spouse where applicable
- For a foreign national: passport, visa and any certificate of no impediment or single status the authority asks for
- Three witnesses with ID
Document requirements may vary depending on the applicable legal route, individual circumstances and the concerned authority.
Procedure
- Check eligibility. Confirm the section 4 conditions and the correct district.
- Prepare notice. Complete the notice in the prescribed form with supporting documents.
- Submit and verify. Submit to the Marriage Officer; in Delhi the application is made online and then verified.
- 30-day objection period. The notice is published; anyone may object on the grounds in the Act.
- Declaration and solemnisation. Both parties and three witnesses sign the declaration before the Marriage Officer.
- Certificate. The certificate is entered in the Marriage Certificate Book.
Common problems we see
- Anxiety about publication of the notice to family members
- Objections that are not based on the legal grounds in section 7
- A partner whose previous divorce is under appeal
- Foreign documents that need apostille or embassy attestation
How an advocate can help
- Advise whether the Act suits your situation
- Prepare notice, affidavits and documentation
- Represent your interests if an objection is raised
- Advise on safety options if there are threats
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
Does either partner need to change religion?
Is the notice published?
What can an objection be about?
Which law governs divorce after a Special Marriage Act marriage?
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.