Court Marriage Advocate Amjad Khan and Special Marriage Lawyer
Court Marriage in Delhi under the Special Marriage Act is a legal marriage process for couples who wish to marry without performing religious ceremonies. This law is commonly used by interfaith couples, inter-caste couples, and couples belonging to different religions who want legal marriage registration before the SDM or Marriage Officer.The Special Marriage Act allows two adult persons to marry legally irrespective of religion, caste, language, or community. This Act provides legal protection and legal recognition to marriage performed under law.
Age Requirement for Bride and Groom
The groom must be at least 21 years of age and the bride must be at least 18 years of age at the time of marriage.
Marital Status Requirement
Neither party should have a living spouse at the time of marriage. If either party is divorced, then a valid Divorce Decree is required.
Mental Capacity Requirement
Both parties must be mentally capable of giving valid consent for marriage.
Prohibited Relationship Condition
The bride and groom should not fall within prohibited relationship unless permitted by custom.
For Court Marriage Registration in Delhi, proper documentation is required from both bride and groom.
The following documents may generally be accepted as address proof:
Aadhaar Card
Registered Rent Agreement
Passport
Electricity Bill
Bank Passbook
The following documents may generally be accepted as identity proof:
PAN Card
Aadhaar Card
Passport
Driving Licence
The following documents may generally be accepted as proof of age:
Birth Certificate
10th Mark Sheet
Passport
Driving Licence
School Leaving Certificate
If either the bride or groom is divorced, then a certified copy of the Divorce Decree is required.
If either party is entering into a second marriage after death of previous spouse, then the Death Certificate of the deceased spouse is required.
Before applying for Court Marriage in Delhi, the bride and groom are generally required to prepare affidavits.
The affidavit generally contains:
Name
Address
Date of birth
Marital status
Nationality
Mental fitness declaration
Prohibited relationship declaration
The affidavit is signed by both parties and attested before a Notary Advocate.
After preparation of affidavits and collection of all required documents, a complete marriage file is prepared.
All documents are uploaded or submitted through the government marriage portal.
After successful submission, an appointment date is generated by the SDM office.
On the appointment date, bride and groom must appear before the SDM office with original documents.
The SDM verifies all documents and, upon satisfaction, issues a Notice of Intended Marriage.
The Notice of Intended Marriage is displayed on the notice board of the SDM office. In some cases, the notice may also be sent to the Marriage Officer having jurisdiction over the address of the other party.
The purpose of notice publication is to allow objections, if any, within 30 days.
Any person may file an objection if the conditions mentioned under Section 4 of the Special Marriage Act are not fulfilled.
Examples:
One party already married
Bride or groom below legal age
Marriage within prohibited relationship
Fraud regarding marital status
Examples:
Family opposition
Religious difference
Caste difference
Social pressure
Community objection
Such objections generally do not have legal validity.
If objection is received, the SDM conducts an inquiry according to law.
The SDM may:
Call both parties
Verify original documents
Record statements
Seek further evidence
Examine legal validity of objection
If the objection is found valid, the SDM may refuse to solemnize the marriage.
If the objection is found false or without merit, the SDM proceeds with the marriage process.
After expiry of 30 days from publication of notice, if no valid objection is received, bride and groom must appear before the SDM along with three witnesses and original documents.
Witnesses should carry:
Aadhaar Card
PAN Card
After completion of signatures and legal formalities, the marriage is solemnized and Marriage Certificate is issued.
Sometimes SDM authorities ask for family witnesses. However, there is no specific provision under the Special Marriage Act requiring witnesses to be family members.
Any adult person with valid identity proof may generally act as witness.
The Delhi High Court has made important observations regarding privacy concerns in publication of marriage notices.
In interfaith and inter-caste marriages, sending notice to residence of parties may create safety concerns and social pressure upon the couple.
If the SDM refuses marriage without sufficient legal reason, the parties may file an appeal before the District and Sessions Judge.
If the appeal is allowed, the SDM cannot refuse solemnization contrary to the court’s order.
Court Marriage in Delhi under the Special Marriage Act is a legal and secure process for couples belonging to different religions, castes, or communities.
Proper documents, affidavits, witnesses, and legal procedure are important for smooth marriage registration.
FAQ
Groom (Ladka): Kam se kam 21 saal honi chahiye.
Bride (Ladki): Kam se kam 18 saal honi chahiye.
Note: Marriage ke time dono ki age yeh legal criteria poora karti ho.
Haan, bilkul. Special Marriage Act banaya hi isliye gaya hai taaki do adult persons bina kisi religious ceremony ya bina apna dharam badle, legally shadi kar sakein. Isme dharam, jaati (caste) ya community ki koi paabandi nahi hoti.
Iska matlab hai ki bride aur groom aapas mein blood relation ya closet relatives nahi hone chahiye (jaise sibling, first cousins, etc.), jab tak ki unke customs ya parampara mein iski permission na ho.
.📋 Required Documents & Affidavits
Dono parties (Bride aur Groom) ko niche diye gaye documents self-attest karke dene hote hain:
Document Type
Acceptable Options
Identity Proof - PAN Card, Aadhaar Card, Passport, Driving Licence
Address Proof - Aadhaar Card, Registered Rent Agreement, Passport, Electricity Bill, Bank Passbook
Age Proof - Birth Certificate, 10th Mark Sheet, Passport, Driving Licence, School Leaving Certificate
Agar dono mein se koi bhi pehle se married tha, toh second marriage ke liye unhe ye documents dene honge:
Divorced hone par: Court se issued valid Divorce Decree ki certified copy.
Widow/Widower hone par: Pehle spouse ka Death Certificate.
Affidavit mein dono parties ka Naam, Address, Date of Birth, Marital Status, Nationality aur ek declaration hoti hai ki wo mentally fit hain aur prohibited relationship mein nahi aate. Yeh affidavit Notary Advocate se attest hona zaroori hai.
Q 6. main jharkhand main rheta hun kya meri inter religion marriage Delhi mai ho sakti hai
Ans. App Delhi mai special Marriage act 1954 mai marriage tab kar sakte ho yadi app Delhi mai marriage se phele kam se kam 30 days Delhi mai rahe ho to app apne address Delhi ka kar ke Delhi mai Marriage kar sakte ho.