Marriage Archives

Is it necessary to hire a lawyer or a notary to apply for marriage under the Special Marriage Act (SMA), or can a couple complete the process online themselves?

This varies from state to state. However, no lawyer is required either in the virtual or in-person mode. You will have to go to the Marriage Registrar yourselves to give notice under the SMA. Read more about the registration process under SMA here

With the Uniform Civil Code (UCC) coming into effect in Uttarakhand, does it impact residents living outside Uttarakhand who wish to marry under the Special Marriage Act?

If you aren’t a domicile of Uttarakhand and not living in Uttarakhand then this law will not apply to you.

Can an Indian Hindu and a Nepali Muslim marry under the Special Marriage Act in India?

The Act does not explicitly deal with the question of citizenship, and this has been interpreted to allow foreign nationals to register their marriage under the SMA. A 2023 judgement by the Delhi High Court interpreted the eligibility criteria to include foreign nationals. However, one must double check with the registrar office since the Act also states that it applies to ‘whole of India’, hence different state offices might have varying interpretations.

Which places are considered safe to register a marriage under the Special Marriage Act (SMA) in India?

You can register your marriage in the marriage registrar’s office where either of the parents have resided for at least 30 days before giving notice to the registrar.

Do children of interfaith couples (e.g., Hindu and Muslim) have to specify their religion at birth under Indian law? We currently live in Canada and didn’t have to specify it, but we are considering moving back to India. Will our daughters have to pick a religion?

No. Supreme Court held that until the child is 18, the father’s religion will be applicable and once they become an adult, they may choose the religion they wish to follow.

In the context of a Hindu-Muslim interfaith marriage, how is the identity of children—specifically in terms of religion and surname—determined under Indian law? What legal options do the parents have?

There is no binding law on deciding the child’s surname. However,it depends on the upbringing of the child. If the upbringing is uncertain then it is assumed that the child will take the surname of the father. WIth regards to religion, the Supreme Court held that until the child is 18, the father’s religion will be applicable and once they become an adult, they may choose the religion they wish to follow.

Under Indian law, will a civil marriage conducted abroad between two Indian citizens of different religions—a Muslim woman and a Hindu man—be legally valid and recognized in India?

Under the Special Marriage Act, 1954 any marriage conducted through ceremonies outside the ceremonies of marriage under the Act, can be registered under the Act if the husband and wife have been living together ever since. However, this will only be applicable to Indian citizens.

You may also consider registering your marriage under the Foreign Marriages Act, 1969 if you wish to solemnise your marriage abroad. The Certificate of Marriage will be held valid in India.

If a Muslim woman marries a Hindu man in India under the Special Marriage Act, what, if any, inheritance rights under Muslim personal law does she forfeit as a result of this marriage?

Marrying into a different religion does not disqualify a Muslim woman from her inheritance. In fact, Muslim Law Application Act, 1937 further clarifies that a legal heir of a deceased Muslim will retain their inheritance rights even if they convert to a different religion. However, her children will not be entitled to any inheritance.

In the case of a Hindu woman married to a Muslim man under the Special Marriage Act, what will be the legal or official religion of their children if the woman does not convert to Islam? Could this lead to any legal or procedural difficulties for the children in the future?

The child upon becoming an adult will have the right to choose their own religion as guaranteed under Article 25 of the Indian Constitution. However, until then, according to a 1976 judgment of the Supreme Court, a child is presumed to follow the father’s religion. This is also subject to the condition that it is proven that the child is brought up according to the father’s religion. Further, in case either of the parents is a Hindu and a child is brought up following Hindusim, as per section 3 (1) Hindu Minority and Guardianship Act, 1956, Hindu personal laws will be applicable to the child.

What is the most efficient method for an interfaith NRI couple, already married in Denmark under the Foreign Marriage Act, to register their marriage under the Special Marriage Act in India? Additionally, is it possible to bypass the 30-day notice period and avoid public disclosure of personal details?

Since the 30 days notice period is mandatory, the time period required to register your marriage will be a minimum of 30 days. Depending on the state in which you are planning to register, you can check which is the earliest date available from the registrar.

Does marriage under the Special Marriage Act require approval from both sets of parents?

No, parents’ approval is not required. The consent of the two parties is enough but to be eligible for marriage, the groom must be at least 21 years of age and the bride at least 18 years old.

Is there any option to register a marriage online?

Yes, under the Special Marriage Act, section 12 allows for the marriage to be solemnised according to the manner and place that the couple chooses. Several court judgments have relied on this provision to permit virtual marriages. Moreover, different states have different rules for notifying and registering marriages. You could look at state specific rules.

Is there any kind of relief or provision under the Special Marriage Act if one of the partners is serving in the armed forces, such as the Army, Navy, or Air Force?

While the Act does not provide any special provisions for armed forces personnel, for the purpose of serving notice, it can be served to the marriage registrar located within either of the partner’s last place of residence so in case one of the partners is away on duty, the other’s place of residence will be applicable. Moreover, section 12 of the Act states the marriage can be conducted in a form and place that the parties may choose to adopt. This provision has been read by the Supreme Court to validate a virtual marriage under the Act. This can be helpful for armed forces personnel who may not be able to be physically present to fulfill the requisites of marriage under the Act.

I am a 16 year old Muslim girl. Can I get married?

Under Muslim law, if a girl has attained puberty (15 years) then she can get married. So, a girl of 16 years old who has attained puberty can get married.(( Shoukat Hussian and another v. State of Punjab and others [CRWP No.733 of 2021 (O&M)].))

I am a Muslim girl, can I get married to a Christian boy?

Under Muslim law, only a Muslim man can marry a Christian woman or a woman from any other religion. This is not the case for a Muslim woman, as she cannot marry a Christian Man or a man from any other religion. If she does, then she will not be considered a Muslim anymore.(( Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.338.))

However, now two people who are from different religions can marry and register under the Special Marriage Act, 1954. Read more on our explainer on Special Marriage.

As a Muslim, can I get married to someone from another religion under Islamic law?

A marriage between a bride and groom who is a non-Muslim is considered unlawful and does not to have any legal effect under Muslim personal law (it is ‘void’).(( Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.338.))

However, two people who are from different religions can marry and register under the Special Marriage Act, 1954. Read more on our explainer on Special Marriage.

My friend wants to get married to an older man who belongs to another religion. I do not approve of this. Can I object to her marriage under the Special Marriage Act?

Any person may object to a marriage if it goes against any of the requirements given in Section 4 of the Act. The objection must be made within 30 days of publication of the notice of the intended marriage. When an objection is made, the Marriage Officer will not allow the marriage to be performed until they address the objection. They will then make a decision within 30 days of the objection whether to uphold it or not. If they uphold the objection they will not perform the marriage.

I am a Hindu woman and I want to get married to a Muslim man. Is this possible?

Yes. Inter-religious marriages are permitted under the Special Marriage Act. Even if the marrying parties belong to different religions, they can get married under this Act without having to convert or change their religion. The only requirement is the valid consent of the parties. You must be at least 21 years old (if male) or 18 years old (if female).

Do I need to inform a government official about my inter-religious marriage?

When a marriage is performed under this Act, the parties getting married shall give a notice in writing to the Marriage Officer of the district in which at least one of the parties has resided for at least thirty days immediately before the date on which the notice is given.

What happens when you register an inter-religious marriage?

A marriage that has been registered under the Act by a marriage officer will be entered in the Marriage Certificate Book and will be deemed to be a legitimate marriage under the Act. All the children born after the date of the ceremony will also be considered to be legitimate children.

How do you check the validity or prove an inter-religious marriage?

The marriage certificate given to you by the Marriage Officer is the proof of validity of an inter-religious marriage.

What is the ‘Saptapadi’ ceremony? Is it essential for a valid Hindu marriage?

The Saptapadi ceremony establishes the commitment the couple makes to each other during the Hindu wedding ceremony. Saptapadi quite literally translates from Sanskrit to ‘seven steps’. The couple takes seven full circles, walking clockwise around the ceremonial fire, representing the seven principles and promises they make to each other.

Your marriage is not legally ‘solemnized’ if you do not follow the essential ceremonies followed by either your or your spouse’s communities. There are different customary requirements in different parts of the country – generally, in north India, saptapadi and invocation before the sacred fire are considered essential ceremonies. However, these are not considered essential ceremonies in states like Tamil Nadu and Pondicherry – an exchange of garlands or rings and tying a thali is considered enough.

Saptapadi is therefore not necessary for all marriages. However, where saptapadi is observed as a ceremony, when last step taken around the fire the marriage will be considered complete.

Guide on Registration of Inter-religious Marriages

How can the guide help you?

The Nyaaya Guide on Inter-religious Marriages outlines the process involved if you wish to enter into an inter-religious or inter-faith civil marriage. Under the Special Marriage Act, 1954, two people belonging to different religions can get married without converting to another religion. This guide summarizes the legal and procedural aspects of entering into an inter-religious (special) marriage, including giving notice of the marriage, performing the marriage, and obtaining the marriage certificate.

What are the laws being discussed in the guide?

The Nyaaya Guide on Inter-religious Marriages explains the Special Marriage Act, 1954. This Guide only covers the general law based on the Special Marriage Act, and you might have to refer to state-specific Special Marriage rules and procedures for more detailed information suited to your situation.

PROCEDURAL INFORMATION

Things to Remember Before Applying

Who can get married under the Special Marriage law?

Irrespective of religion, any two people can marry under the Special Marriage Act as long as certain conditions¹ are fulfilled. However, the Act only provides for a marriage between a man and a woman, and has not yet expanded its scope to cover same-sex couples and transgender people.

Recently, the Delhi High Court took up a petition which seeks that the Special Marriage Act (SMA) should apply to all couples regardless of gender identity and sexual orientation. The Court asked the Central government to respond to the petition, filed by members of the lesbian, gay, bisexual and transgender (LGBT) community and activists Abhijit Iyer Mitra, Gopi Shankar M., Giti Thadani and G. Oorvasi.

Who is eligible to marry under the Special Marriage law?

If you want to get married under this law, then at the time of the marriage you should be:
- Single or Divorced. You should not be married to another person who is currently alive.
- Capable of giving consent to the marriage with a sound mind.
- Fit for marriage. This means you should not be suffering from any mental disorder that prevents you from having children.
- Of marriageable age. At least twenty-one years of age (if you are a man), or eighteen years of age (if you are a woman).
- In a relationship which is not prohibited by law. For instance, you cannot marry your own brother, sister, aunt etc. You can see the list of prohibited relationships here.((First Schedule, Special Marriage Act, 1954.))

In some cases, despite your relationship being prohibited by law, your custom might still permit a marriage with another person. In this case, you can get married because your custom allows you to do so.

Where do you go to register an Inter-Religious (Special) Marriage?

To register a special marriage, you should go to the Marriage Officer’s office, found in every district.

STEPS FOR AN INTER-RELIGIOUS (SPECIAL) MARRIAGE

1. Giving Notice of the Marriage

If you want to get married under the Special Marriage Act, you need to give a written notice of the marriage. The notice should be sent to the Marriage Officer of the district where you or the person you want to marry have been living. You should have been living in the district you are giving notice in for at least thirty days before notifying the Officer.

You have to submit documents for registering the marriage. While the required documents vary according to the State/Union Territory, here is a general list of documents you might require:

Multiple copies of the signed Marriage Application Form
Age Proof (Birth Certificate, Passport, etc.)
Address Proof (Ration Card, Passport, Voter ID Card, etc.)
Photo Identity Proof (PAN Card, Voter ID Card, etc.)
Passport-size photographs of the bride and bridegroom

The marriage must be performed within three months from the date of giving notice to the Marriage Officer, or the notice becomes invalid. After that, no Marriage Officer will conduct the marriage until you give a new notice.((Section 14, Special Marriage Act, 1954.))

2. Publication of the Notice

The Marriage Officer will keep the notice with their office records and enter a true copy in the Marriage Notice Book, which can be inspected by any person at all reasonable times, free of cost.((Section 6(1), Special Marriage Act, 1954.)) The Officer will also publish the notice by attaching a copy of the notice in a clearly visible place in their office.((Section 6(2), Special Marriage Act, 1954.))

At the time of applying for marriage, if you are not permanently residing within the district, the Marriage Officer will transfer a copy of the notice to the Marriage Officer of the district where you are permanently residing, and that Marriage Officer will attach a copy of the notice in a clearly visible place in their office.((Section 6(3), Special Marriage Act, 1954.))

3. Objecting to the Marriage

After a Marriage Officer publishes the marriage notice, any person can object to the intended marriage if it violates any of the conditions for a valid marriage under the Special Marriage Act. The objection must be made within thirty days of the notice publication.((Section 7(1), Special Marriage Act, 1954.))

Objection and Inquiry

If a person makes an objection, the Marriage Officer will record the nature of the objection in the Marriage Notice Book, and read it over and explain it to the person making the objection. The person objecting or someone on their behalf must sign the record.((Section 7(3), Special Marriage Act, 1954.))

If an objection is made, the Marriage Officer will not perform the marriage until they have inquired into the objection and are convinced that the marriage can be conducted and registered. The Officer should inquire and make their decision within thirty days of the objection.((Section 8(1), Special Marriage Act, 1954.))

While inquiring into the objection, the Marriage Officer has judicial powers like a civil court for summoning and examining witnesses, asking for documents, etc. The Officer can summon any person within the district to give required evidence.((Section 9(1), Special Marriage Act, 1954.))

If the Officer believes that the objection is unreasonable and not in good faith, they may impose compensation costs of up to Rupees one thousand on the objecting person, and give the compensation to the couple getting married.((Section 9(2), Special Marriage Act, 1954.))

4. Upholding Objection

If the Marriage Officer upholds the objection and refuses to perform the marriage, you can appeal to the concerned district court i.e., the court having judicial authority in the district where the Marriage Officer has their office. You should make the appeal within thirty days of the Officer’s refusal. The district court will take the final decision on the appeal, and the Officer will obey the decision of the court.(( Section 8(2), Special Marriage Act, 1954.))

If the marriage is not performed within three months of the court’s decision, the marriage notice becomes invalid, and no Marriage Officer will conduct the marriage and you will have to give a new notice.((Section 14, Special Marriage Act, 1954.))

Examples of objections that have been upheld

Bride is below eighteen years of age
Bridegroom is already married

5. Performing the Marriage

Before the marriage is performed, you, the person you are marrying, as well as three witnesses, should sign a declaration(( Section 11, Special Marriage Act, 1954.)) in front of the Marriage Officer. The Officer will also sign the declaration.

You can perform the marriage at the office of the Marriage Officer. You can also choose to get married at any other place within a reasonable distance from the office. However, for this, you have to pay additional fees.²

You can conduct the marriage in any form or religious practice that you wish to follow. For instance, it can be a Hindu religious ceremony or a wedding in a church. However, any special marriage is only complete if you and the person you are marrying say the following statement in front of the Officer and three witnesses:

“I, (A), take (B), to be my lawful wife (or husband)”.

This statement can be made in any language you understand.(( Section 12(2), Special Marriage Act, 1954.))

6. The Marriage Certificate

After the marriage has been conducted, the Marriage Officer will enter a certificate in the Marriage Certificate Book.

You, the person you are marrying as well as three witnesses must sign the marriage certificate.³ After the Officer enters the certificate in the Book, this certificate becomes conclusive evidence of the marriage.

The marriage certificate is legal proof of a marriage under the Special Marriage Act, 1954. It confirms that the marriage is valid and has been completed with all formalities under the law.

RESOURCES

Help and Support

Given below are specific State/Union Territory registration websites and related online services for Special Marriages.

State/Union Territory	Special Marriage Registration resources
Andaman and Nicobar	https://southandaman.nic.in/service/marriage-registration/ https://northmiddle.andaman.nic.in/service/marriage-registration/ https://nicobars.andaman.nic.in/service/marriage-registration/
Andhra Pradesh	http://registration.ap.gov.in/
Arunachal Pradesh	https://eservice.arunachal.gov.in/resources/homePage/12/services.html
Assam	https://igr.assam.gov.in/
Bihar	https://www.biharregd.gov.in/
Chandigarh	http://chdservices.gov.in/ http://chdservices.gov.in/forms/How_do_I%20Do_It_Marriage_ChandigarhAdministration.pdf
Chhattisgarh	https://cgstate.gov.in/obtain-marriage-certificate https://edistrict.cgstate.gov.in/PACE/instructionPageHome.do?serviceId=3&OWASP_CSRFTOKEN=BMQC-SJHA-6K68-KMRB-W5OF-GOCX-BOL0-PU0K
Delhi	http://health.delhigovt.nic.in/wps/wcm/connect/DoIT/delhi+govt/community/marriage+certificate+and+registration
Gujarat	https://enagar.gujarat.gov.in/DIGIGOV/
Haryana	https://saralharyana.gov.in/getServiceDesc.html?serviceId=8220010&state=6&tempId=2448&templStatus=243&backButtonUrl=&grievDefined=0
Himachal Pradesh	http://edistrict.hp.gov.in/
Jharkhand	https://jharsewa.jharkhand.gov.in/
Karnataka	https://karunadu.karnataka.gov.in/karigr/Pages/marriage-registration.aspx
Kerala	http://keralaregistration.gov.in/pearlpublic/ https://cr.lsgkerala.gov.in/Content.php?id=D
Madhya Pradesh	https://www.mpenagarpalika.gov.in/irj/portal/anonymous/CitizenServices/MarriageRegistration/qlMarriageRegistration
Maharashtra	https://mregigr.maharashtra.gov.in/autonoticepublic
Manipur	https://www.eservicesmanipur.gov.in/eda/
Meghalaya	https://megedistrict.gov.in/
Nagaland	https://kohima.nic.in/service/marriage-certificate/
Odisha	https://www.ulbodisha.gov.in/or/emun/marriage-dashboard
Puducherry	http://itestweb.in/pdy30/marriage-registration
Punjab	http://edistrict.punjab.gov.in/EDA/Landing.aspx https://punjab.gov.in/wp-content/uploads/2020/05/Issuance-of-Marriageability-Certificate.pdf
Rajasthan	https://pehchan.raj.nic.in/pehchan2/MainPage.aspx
Tamil Nadu	https://tnreginet.gov.in/portal/
Telangana	https://registration.telangana.gov.in/marriageRegistration.htm
Tripura	https://edistrict.tripura.gov.in/#
Uttar Pradesh	https://igrsup.gov.in/igrsup/defaultAction.action
West Bengal	https://rgmwb.gov.in/MARREG_Portal/MARREG_Home.aspx

Checklists

Check whether you are eligible to marry under the Special Marriage Act, 1954.
Notify the district Marriage Officer about the intended marriage.
Submit the marriage application form, along with required documents and fees.
Check whether anyone has objected to the marriage.
Ensure that you have three witnesses to the marriage.
Sign the marriage declaration and ensure that you make the statement: “I, (A), take (B), to be my lawful wife (or husband)” in front of the Marriage Officer.
Get a copy of the Marriage Certificate from the Marriage Officer.

Source of Information

Legislation

Special Marriage Act, 1954

Legal news articles

Plea to recognise same-sex marriages, Bar and Bench, accessed at https://www.barandbench.com/news/litigation/delhi-high-court-grants-last-opportunity-centre-respond-recognise-same-sex-marriages

Nyaaya Daily

5 things you didn’t know about Inter-religious Marriages, accessed at https://nyaaya.org/nyaayadaily/5-things-you-didnt-know-about-inter-religious-marriages/

GLOSSARY TERMS

Marriage Officer – A person appointed by the State Government after notification in the Official Gazette. The main duty of a Marriage Officer is to facilitate the marriage registration and provide the certificate of marriage.

Section 4, Special Marriage Act, 1954. [↩]
Section 12(1), Special Marriage Act, 1954. [↩]
Section 13(1), Special Marriage Act, 1954. [↩]

Marriage of Children

A child marriage is a marriage between the parties where:

Both people marrying are minors, or
One of them is a child/minor.

For a woman, age of marriage is 18 years.

For a man, age of marriage is 21 years.

Under Muslim personal law, the age of marriage is puberty (15 years of age). So, if you are below 18 years/21 years respectively and you get married, your marriage is not illegal. However, you can choose to cancel the marriage under the child marriage law.

Legal Hindu Marriage

For a marriage to be legally recognized as a Hindu marriage, the following conditions must be met:

The couple should be seen as Hindus by law.
The husband is over 21 and the wife over 18 years of age when the wedding took place.
Both husband and wife are of sound mind.
Neither husband nor wife can be married at the time of marrying each other.
Husband and wife are not in a prohibited relationship.
Husband and wife are not sapindas of one another.

If any of these conditions are not met, then the law may not recognize your Hindu marriage as being legal, and in some cases, you might face punishment.