Special Marriage Act, 1954.<\/a><\/p>\n\n\n\nNo existing marriage<\/strong> – Both people should be unmarried, or legally divorced, or widowed. If either of you is already married to someone else, you cannot apply.<\/p>\n\n\n\nAge limit<\/strong> – Groom must be at least 21 years old, bride must be at least 18 years old (This is the official court marriage age limit in India.)<\/p>\n\n\n\nMental fitness<\/strong> – Both partners should be mentally sound, able to give valid consent and not suffering from serious mental illness or repeated mental breakdowns<\/p>\n\n\n\nNot closely related<\/strong> – Couple should not be related to each other in a way that is legally banned. This is called prohibited relationship (like brother-sister or uncle-niece).<\/p>\n\n\n\n<\/span>Exceptions to eligibility conditions for court marriage<\/span><\/h3>\n\n\n\n\nEven if the couple is within degrees of prohibited relationship, they can get married if their custom allows them to do so.<\/li>\n\n\n\n This exception will apply even when the customs of only one of the parties allow such marriage.<\/li>\n\n\n\n Another exception is the citizenship rule for court marriages in Jammu & Kashmir. If the marriage is taking place in the state of J & K, then both parties must be citizens of India. Moreover, both parties should have domicile in a state to which this act applies. This means that foreign nationals cannot get married in Jammu & Kashmir under this Act.<\/li>\n\n\n\n There is another condition for foreigners. They must live in India for at least 30 days before the marriage. They can get proof of residence from their local police station.<\/li>\n<\/ul>\n\n\n\n<\/span>Court marriage procedure<\/strong><\/span><\/h2>\n\n\n\nHere is court marriage procedure: <\/p>\n\n\n\n
\nFile notice of intended marriage in prescribed form with Marriage Registrar in district where at least one person has lived for at least 30 days before giving notice.<\/li>\n\n\n\n Registrar publishes notice to invite objections, if any.<\/li>\n\n\n\n After 30 days from publication, marriage can be completed if no objection is raised.<\/li>\n\n\n\n Marriage can be completed at Marriage Office.<\/li>\n\n\n\n Both persons and three witnesses must be present on day of registration or solemnization<\/li>\n<\/ul>\n\n\n\n<\/span>Documents required for court marriage<\/strong><\/span><\/h2>\n\n\n\nHere are list of documents required for court marriage:<\/p>\n\n\n\n
\nApplication form in prescribed format with required fee<\/li>\n\n\n\n Passport-size photos of both persons<\/li>\n\n\n\n Address proof of both persons<\/li>\n\n\n\n Date of birth proof of both persons<\/li>\n\n\n\n Address proof and PAN card of three witnesses<\/li>\n\n\n\n Death certificate or divorce decree, if there was any previous marriage<\/li>\n<\/ul>\n\n\n\n<\/span>Court marriage of an Indian and a foreign national<\/strong><\/span><\/h2>\n\n\n\n
A marriage between parties one of whom at least is a citizen of India may be solemnized under the Special Marriage Act, in India before a Marriage Registrar in India or a Marriage Officer in a foreign country.<\/p>\n\n\n\n
<\/span>Eligibility criteria for court marriage<\/span><\/h3>\n\n\n\nHere are eligibility criteria for court marriage:<\/p>\n\n\n\n
\nAt least one of the parties should be an Indian citizen.<\/li>\n\n\n\n The bridegroom must be 21 years of age; the bride must be 18 years of age.<\/li>\n\n\n\n Neither party has a spouse living,<\/li>\n\n\n\n Neither party is an idiot or a lunatic,<\/li>\n\n\n\n The parties are not within the degrees of prohibited relationship<\/li>\n\n\n\n Each party involved should not have any other subsisting valid marriage.<\/span>Documents required for court marriage<\/strong><\/span><\/h3>\n\n\n\n\nApplication form duly signed by both the parties.<\/li>\n\n\n\n Documentary evidence of the date of birth of parties.<\/li>\n\n\n\n Copy of Passport of both the parties with valid Visa.<\/li>\n\n\n\n Residential Proof of both the parties.<\/li>\n\n\n\n Documentary evidence regarding a stay at district in India of one of the parties for more than 30 days (Proof of stay or report from the concerned SHO).<\/li>\n\n\n\n N.O.C. or Marital Status certificate from the concerned Embassy or Consulate in India by a foreigner partner.<\/li>\n\n\n\n Death certificate or divorce decrees whichever is applicable, in case one of the parties had any marriages in the past.<\/li>\n<\/ul>\n\n\n\n<\/span>Procedure:<\/strong><\/span><\/h3>\n\n\n\n\nYou give written notice in prescribed form to Marriage Officer in district where at least one of you has lived for at least 30 days before giving notice. Notice must confirm this stay.<\/li>\n\n\n\n All documents are checked at Marriage Registrar office.<\/li>\n\n\n\n Laws of other countries must not conflict with Indian law.<\/li>\n\n\n\n Notice is published so anyone can raise objection.<\/li>\n\n\n\n If no one objects, you can marry after notice period ends.<\/li>\n\n\n\n Marriage must take place in presence of at least three witnesses.<\/li>\n\n\n\n Marriage Registrar then records and gives you marriage certificate.<\/li>\n<\/ul>\n\n\n\n<\/span>Degree of prohibited relationship<\/strong><\/span><\/h2>\n\n\n\nWhen you apply for court marriage, you and your partner should not be closely related by blood or family. This is called prohibited relationship under Special Marriage Act, 1954. If you fall in this category, you cannot marry legally unless your religion or custom allows it.<\/p>\n\n\n\n
<\/span>What is a prohibited relationship<\/span><\/h3>\n\n\n\nA prohibited relationship means that the law does not allow a marriage between certain family members, like your close blood relatives or those related through marriage.<\/p>\n\n\n\n
<\/span>Part I \u2013 Woman cannot marry<\/strong> these male relatives:<\/span><\/h3>\n\n\n\n\nFather, grandfather, or great-grandfather<\/li>\n\n\n\n Son, grandson, or great-grandson<\/li>\n\n\n\n Brother, brother\u2019s son, or sister\u2019s son<\/li>\n\n\n\n Uncle (mother\u2019s or father\u2019s brother)<\/li>\n\n\n\n Daughter\u2019s husband or son\u2019s grandson<\/li>\n\n\n\n Stepfather or mother\u2019s husband<\/li>\n<\/ul>\n\n\n\n<\/span>Part II \u2013 A man cannot marry<\/strong> these female relatives:<\/span><\/h3>\n\n\n\n\nMother, grandmother, or great-grandmother<\/li>\n\n\n\n Daughter, granddaughter, or great-granddaughter<\/li>\n\n\n\n Sister, sister\u2019s daughter, or brother\u2019s daughter<\/li>\n\n\n\n Aunt (mother\u2019s or father\u2019s sister)<\/li>\n\n\n\n Son\u2019s wife or daughter\u2019s granddaughter<\/li>\n\n\n\n Stepmother or father\u2019s widow<\/li>\n<\/ul>\n\n\n\n<\/span>Exception to the Rule<\/span><\/h3>\n\n\n\nIf your custom or religion allows marriage between relatives listed above, then you can still apply for court marriage, but you may need to show proof of custom. Even if only one partner\u2019s custom permits it, the exception will still apply. This rule exists to:<\/p>\n\n\n\n