Special Marriage Act Delhi – Complete Guide to Legal Marriage Registration

Posted on by courtmatrimony

The Special Marriage Act, 1954, is a secular law that allows two individuals, irrespective of their religion, caste, or nationality, to marry legally. This act is particularly beneficial for inter-caste and interfaith marriages, ensuring legal protection and rights for the couple.

At CourtMarriage.co.in, we specialize in court marriages under the Special Marriage Act in Delhi, ensuring a hassle-free and legally valid marriage registration process.

This guide will cover:
✅ What is the Special Marriage Act?
✅ Eligibility for marriage under this act
✅ Documents required
✅ Step-by-step marriage process
✅ Frequently asked questions (FAQs)

What is the Special Marriage Act, 1954?

The Special Marriage Act (SMA), 1954, is a civil law enacted by the Indian government to allow marriage between individuals without the need for religious rituals or customs. Unlike traditional marriages, SMA provides a legal framework for couples from different religions, castes, or nationalities to marry in a court of law.

💡 Key Features of the Special Marriage Act:
✔️ Allows interfaith and inter-caste marriages.
✔️ No religious ceremonies required.
✔️ Provides legal protection to couples.
✔️ Applicable to Indian citizens and foreign nationals.
✔️ Marriage is registered under a Marriage Officer.

Eligibility Criteria for Marriage Under the Special Marriage Act

To legally marry under the Special Marriage Act in Delhi, both partners must fulfill the following criteria:

✔️ Age Requirement:

  • Bride must be at least 18 years old.
  • Groom must be at least 21 years old.

✔️ Mental Soundness:

  • Both partners must be of sound mind and capable of making independent decisions.

✔️ Marital Status:

  • Both individuals must be single, divorced, or widowed at the time of marriage.
  • If previously married, they must provide a legal divorce decree or death certificate of spouse.

✔️ Free Consent:

  • Both parties must give free and voluntary consent to the marriage.

✔️ No Prohibited Relationship:

  • The couple should not fall within the prohibited degrees of relationship as defined under Indian law.

Documents Required for Marriage Under the Special Marriage Act in Delhi

Before applying for a court marriage under the Special Marriage Act, the couple must submit the following documents:

📌 For Both Partners
✔️ Age Proof – Birth certificate, passport, or school leaving certificate.
✔️ Identity Proof – Aadhaar card, PAN card, voter ID, or driving license.
✔️ Address Proof – Utility bill, rental agreement, or ration card.
✔️ Passport-Sized Photographs – 4-5 copies of recent photographs.

📌 For Divorced/Widowed Applicants
✔️ Divorce Decree (for divorced individuals).
✔️ Death Certificate of Spouse (for widowed individuals).

📌 For Foreign Nationals
✔️ Valid passport and visa.
✔️ A certificate of no impediment (CNI) from their home country.
✔️ Proof of residency in India for at least 30 days.

📌 For Witnesses
✔️ Two witnesses (with valid ID proof and address proof).

Step-by-Step Process for Marriage Under the Special Marriage Act in Delhi

Step 1: Filing the Notice of Intended Marriage

  • The couple must submit a marriage application at the Marriage Registrar’s Office in Delhi.
  • The application must include personal details, witness details, and required documents.

Step 2: Publication of Notice & Waiting Period (30 Days)

  • The registrar publishes a notice of intended marriage.
  • This notice is displayed for 30 days, allowing objections to be raised.

Step 3: Handling Objections (If Any)

  • If no objections arise within 30 days, the marriage proceeds.
  • If an objection is raised, the registrar reviews the claim before making a decision.

Step 4: Marriage Solemnization

  • After 30 days, the couple appears before the registrar with two witnesses.
  • The marriage is solemnized in the presence of a Marriage Officer.

Step 5: Issuance of Marriage Certificate

  • A legally valid marriage certificate is issued after the completion of the formalities.

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Why Choose CourtMarriage.co.in?

At CourtMarriage.co.in, we offer:
✅ Expert legal assistance for Special Marriage Act registration.
✅ Same-day marriage services for urgent cases.
✅ Affordable and transparent pricing.
✅ Doorstep document collection for convenience.
✅ Legal protection and hassle-free process.

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Frequently Asked Questions (FAQs)

1. Can I marry under the Special Marriage Act if I belong to a different religion?

Yes, the Special Marriage Act allows interfaith marriages without religious conversions.

2. How long does the Special Marriage Act process take in Delhi?

The process usually takes 30 days due to the mandatory waiting period.

3. What happens if someone objects to my marriage?

The registrar investigates the validity of the objection. If no legal grounds exist, the marriage proceeds.

4. Can I apply for marriage registration online in Delhi?

The application can be submitted online, but both partners must appear in person for verification.

5. What are the fees for marriage under the Special Marriage Act?

Court marriage fees vary depending on documentation and legal services. Contact CourtMarriage.co.in for details.

6. Can foreigners marry under the Special Marriage Act in Delhi?

Yes, but they must provide a No Objection Certificate (NOC) and proof of residence.

7. Is parental consent required for marriage under the Special Marriage Act?

No, parental consent is not mandatory if both individuals are adults.

8. Can we get married in a different state under the Special Marriage Act?

Yes, but the 30-day notice must be submitted in the state of residence.

9. Do we need witnesses for marriage under the Special Marriage Act?

Yes, two witnesses are required.

10. Is the marriage certificate valid across India?

Yes, a court marriage certificate is legally recognized across India.