The core documents required for court marriage under the Special Marriage Act, 1954 are: valid ID proof and age proof for both partners, recent passport-size photos, proof of residence, and three witnesses carrying their own ID. The couple files a written notice of intended marriage with the Marriage Officer of the district where at least one partner has resided for 30 days, and signs an affidavit confirming age, marital status and that they are not within prohibited relationships. After a 30-day notice period, the marriage is solemnised and a certificate is issued.
This guide explains exactly what to carry, why each paper is needed, and how the process flows — written for couples planning a civil marriage in Bengaluru or anywhere in India. It is general information, not legal advice; document lists vary slightly by state and by the local Sub-Registrar or Marriage Officer, so verify the current checklist for your district.
A court marriage is a civil marriage registered by a government Marriage Officer. It is religion-neutral, which makes it the usual route for inter-faith and inter-caste couples, and the documents required for court marriage are the same regardless of the partners’ religion.
The complete documents required for court marriage checklist
Below is the standard set of papers most Marriage Officers ask for. Carry originals for verification plus self-attested photocopies of each.
| Document | Who provides it | Purpose | Notes |
|---|---|---|---|
| Application / notice of intended marriage | Both partners jointly | Starts the statutory process | Signed before the Marriage Officer |
| Age proof | Each partner | Confirms minimum marriage age | Birth certificate, matriculation/10th certificate, or passport |
| ID proof | Each partner | Identity verification | Aadhaar, passport, voter ID, PAN or driving licence |
| Residence proof | Each partner | Establishes jurisdiction / 30-day residence | Aadhaar, ration card, utility bill, rent agreement |
| Passport-size photographs | Each partner | Affixed to forms and certificate | Usually 3–4 recent photos each |
| Affidavit | Each partner | Sworn declaration of age, status, no prohibited relationship | On stamp paper, notarised |
| Divorce decree / death certificate | If previously married | Proves eligibility to remarry | Certified copy |
| Witnesses’ ID and photos | Three witnesses | Attest the marriage | Each witness brings own ID + photo |
| Prescribed fee receipt | Both partners | Statutory fee | Amount set by the state |
Requirements differ between states. In Karnataka, for example, the Marriage Officer may ask for specific Karnataka-format affidavits and address proof; always confirm with the local office before the notice date.
ID proof: which identity documents are accepted
For ID proof, Marriage Officers accept any government photo identity document. Commonly accepted are:
- Aadhaar card
- Passport
- Voter ID (EPIC)
- PAN card
- Driving licence
Aadhaar is the most widely accepted because it doubles as both ID proof and, where the address is current, residence proof. Carry the original for inspection — officers verify the name spelling against every other document, so make sure your name is consistent across all papers. A mismatch (for example, an initial expanded on one document but abbreviated on another) is one of the most common reasons a notice is delayed.
Age proof: minimum age and accepted documents
For age proof, the law sets a minimum age: the bride must have completed 18 years and the groom 21 years at the time of marriage. (Note: a Bill to raise the minimum age for women to 21 has been discussed in Parliament; until it is in force and notified, 18 remains the legal minimum for women — verify the current position before relying on it.)
Documents accepted as age proof include:
- Birth certificate
- Matriculation / Class 10 board certificate (most common)
- Passport
- A school leaving / transfer certificate showing date of birth
The Class 10 marksheet or certificate is the document officers trust most for date of birth, because the board issues it. An Aadhaar card alone is sometimes not accepted as conclusive age proof, so carry a board certificate or birth certificate as well.
Photos and the affidavit
You will need recent passport-size photographs of both partners — typically three to four each, with a plain background. Some offices also ask for a joint photograph of the couple. Keep a few spares; photos are affixed to the notice, the declaration forms and the marriage certificate.
The affidavit is a sworn statement, executed on stamp paper and notarised, in which each partner declares:
- their date of birth and age,
- their present marital status (unmarried, divorced, or widowed),
- that they are not related to each other within the degrees of prohibited relationship listed in the First Schedule to the Special Marriage Act, and
- that they are giving valid consent freely.
If either partner was married before, attach a certified copy of the divorce decree (or the spouse’s death certificate) to prove eligibility to remarry.
Witnesses for court marriage
You need three witnesses present at the time of solemnisation. Each witness must:
- be an adult of sound mind,
- carry an original government photo ID, and
- usually provide one or two passport-size photos.
Witnesses can be friends, relatives or colleagues — there is no requirement that they be family. Their role is to attest, by signature, that the marriage took place before the Marriage Officer. Brief them in advance so they bring the right documents on the day.
Court marriage procedure under the Special Marriage Act, 1954
The Special Marriage Act, 1954 governs civil marriages in India. The broad procedure is:
- Notice of intended marriage (Section 5): The couple gives written notice to the Marriage Officer of a district where at least one of them has resided for at least 30 days immediately before the notice.
- Publication of notice (Section 6): The officer publishes the notice. It is entered in the Marriage Notice Book, which is open to inspection.
- Objection period (Sections 7–8): Any person may object within 30 days on the grounds that the marriage would breach a condition in Section 4. The officer inquires into valid objections.
- Declaration and solemnisation (Sections 11–12): If there is no valid objection after 30 days, the parties and three witnesses sign a declaration before the Marriage Officer, and the marriage is solemnised at the office or a chosen place within reasonable distance.
- Certificate (Section 13): The officer enters the marriage in the Marriage Certificate Book and issues a marriage certificate, which is conclusive evidence of the marriage.
Section 4 sets the conditions: neither party has a living spouse, both give valid consent and are of sound mind, the bride and groom meet the minimum age, and they are not within prohibited degrees of relationship.
Note on statute numbering: the Special Marriage Act numbering above is current. Where older guides cite criminal-law provisions alongside marriage (for example, for offences like bigamy or fraud), remember that the Indian Penal Code (IPC) has been replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Code of Criminal Procedure (CrPC) by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), effective 1 July 2024. Section numbers changed; always verify the current section before relying on it.
Court marriage vs registration of an existing marriage
People often confuse a court marriage with merely registering a wedding that already happened. They are different.
| Feature | Court marriage (Special Marriage Act) | Registration of a solemnised marriage |
|---|---|---|
| What it is | The marriage itself is performed civilly | A religious/customary marriage recorded later |
| Governing law | Special Marriage Act, 1954 | Hindu Marriage Act / state registration rules |
| Religion | Religion-neutral | Tied to the religion of the ceremony |
| Notice period | 30-day notice required | Generally no 30-day notice |
| Best for | Inter-faith / inter-caste couples, civil ceremony | Couples already married by ceremony |
If you have already married by a religious ceremony and only want it on official record, the registration route under the relevant personal law is usually quicker than a fresh court marriage.
How long it takes and what it costs
The headline timeline is the 30-day notice period mandated by the Act, during which objections can be raised. Realistically, allow a few extra days for document verification, appointments and certificate issue, so plan for roughly five to seven weeks end-to-end. The statutory fee is modest and set by each state; budget separately for stamp paper, notarisation and photographs. Fees and exact forms change, so confirm the current schedule at your district office.
For couples navigating an inter-faith marriage, an earlier marriage that needs to be dissolved first, or a contested objection, professional guidance helps. Our family law team explains these on our family and divorce law page. You may also find our guide on annulment of marriage in India useful, alongside topics such as divorce under Muslim law and visitation rights.
You can read the Special Marriage Act, 1954 in full on the Government of India’s official portal: India Code — Special Marriage Act, 1954.
Frequently Asked Questions
What are the basic documents required for court marriage?
Valid ID proof and age proof for both partners, residence proof, recent passport-size photos, a notarised affidavit, and three witnesses with their own ID. If either partner was married before, a divorce decree or death certificate is also needed.
Is Aadhaar enough as ID proof for court marriage?
Aadhaar is accepted as ID proof and often as residence proof. However, it is not always accepted as conclusive age proof, so also carry a Class 10 board certificate, birth certificate or passport.
How many witnesses are needed for a court marriage?
Three witnesses are required at the time of solemnisation. Each must be an adult, carry a government photo ID, and usually bring a passport-size photo.
What is the minimum age for court marriage in India?
The bride must have completed 18 years and the groom 21 years. A proposal to raise the minimum age for women to 21 has been discussed but verify whether it is in force before relying on it.
How long does court marriage take under the Special Marriage Act?
There is a mandatory 30-day notice and objection period after filing the notice. Including verification and the certificate, realistically plan for about five to seven weeks.
Do both partners need to follow the same religion for court marriage?
No. Court marriage under the Special Marriage Act, 1954 is religion-neutral, which is why inter-faith and inter-caste couples commonly use it.
What if one partner was previously married?
They must prove eligibility to remarry by producing a certified copy of the divorce decree or the death certificate of the former spouse, attached to the affidavit.
This article is for general informational purposes only and does not constitute legal advice. Laws change and every situation is different; please consult a qualified advocate about your specific matter.
