Court Marriage in Delhi 2026 — Special Marriage Act Process, Notice Period & Documents

The phrase “court marriage” does not appear in any statute. In practice it means a civil marriage under the Special Marriage Act, 1954, solemnized by the Marriage Officer — an officer appointed by the State Government by notification under Section 3. In Delhi the work is handled by the Revenue Department; its website states that applications are made to the office of the Deputy Commissioner within whose territorial jurisdiction either applicant resides. Couples who are both Hindus, Buddhists, Jains or Sikhs and who marry by religious ceremony usually register under the Hindu Marriage Act instead — that is a different route, covered on our Marriage Registration page.

Section 4 opens with a non-obstante clause — it applies notwithstanding any other law relating to solemnization of marriages. A marriage between any two persons may be solemnized if, at the time of the marriage, (a) neither party has a spouse living; (b) neither party is incapable of giving valid consent due to unsoundness of mind, or is suffering from a mental disorder of a kind or extent that makes them unfit for marriage and procreation of children, or has been subject to recurrent attacks of insanity; (c) the male has completed 21 years and the female 18 years; and (d) the parties are not within the degrees of prohibited relationship, unless a custom governing at least one of them permits the marriage. “Custom” here means only a rule notified by the State Government under the Explanation to Section 4.

Once notice is given, the Marriage Officer enters a true copy in the Marriage Notice Book, which is open for inspection without fee, and publishes the notice by affixing a copy at a conspicuous place in the office (Section 6(1)–(2)). If either party is not permanently residing within that district, a copy is sent to the Marriage Officer of the district where that party permanently resides, to be affixed there as well (Section 6(3)). Any person may object within 30 days of publication — but only on the ground that the marriage would contravene a Section 4 condition (Section 7(1)). If no objection is received, the marriage may be solemnized after the 30 days (Section 7(2)). If an objection is made, the Marriage Officer must inquire and decide within 30 days of the objection; if the objection is upheld, either party may appeal to the district court within 30 days of the refusal (Section 8).

Before solemnization, the parties and three witnesses sign a declaration in the form in the Third Schedule, countersigned by the Marriage Officer (Section 11). The marriage may be solemnized at the Marriage Officer’s office, or at another place within a reasonable distance on prescribed conditions and additional fees (Section 12(1)). It may be in any form the parties choose, but it is complete and binding only when each party says to the other, in the presence of the Marriage Officer and the three witnesses and in a language understood by them, “I, (A), take the (B), to be my lawful wife (or husband)” (Section 12(2)). The Marriage Officer then enters a certificate in the Marriage Certificate Book, signed by the parties and the witnesses; that certificate is conclusive evidence that the marriage was solemnized under the Act (Section 13). The Delhi Revenue Department’s web page shows a charge of ₹150 for solemnization (seen 1 October 2026) — confirm the current charge with the office.

Chapter III lets a couple who have already married in another form register that marriage under the Special Marriage Act. Section 15 requires that a ceremony of marriage was performed and the parties have lived together as husband and wife ever since; neither has more than one spouse living at registration; both have completed 21 years at the time of registration; they are not within prohibited degrees; and they have resided in the Marriage Officer’s district for at least 30 days before applying. The Marriage Officer gives public notice, allows 30 days for objections, and then enters a certificate in the Fifth Schedule form (Section 16). A refusal can be appealed to the district court within 30 days (Section 17). From the date of entry, the marriage is deemed to be one solemnized under the Act (Section 18).

The Act carries its own consequences. Under Section 19, the marriage of a member of an undivided family who professes the Hindu, Buddhist, Sikh or Jaina religion is deemed to effect his severance from the family; under Section 21, succession to the property of a person married under the Act is governed by the Indian Succession Act, 1925. Section 21A, however, provides that where both parties profess the Hindu, Buddhist, Sikh or Jaina religion, Sections 19 and 21 (and the disability part of Section 20) do not apply. Matrimonial remedies — restitution, judicial separation, nullity, divorce and mutual-consent divorce — are in Chapters V–VII, and Section 29 bars a divorce petition within one year of the entry of the marriage certificate, save in cases of exceptional hardship or depravity with the district court’s leave.