A court marriage in Mumbai is a marriage under the Special Marriage Act, 1954. It is a civil marriage before a government Marriage Officer, with no religious ceremony, and it is open to any two persons who meet the Act’s conditions, whatever their religion. It is the usual route for inter-faith couples, for couples who want a simple civil ceremony, and for marriages involving a foreign national. This guide sets out the whole process in order.
Key facts
- Age
- Man 21, woman 18 (Section 4, Special Marriage Act, 1954)
- Residence
- At least one partner must have lived in the district for 30 days before giving notice (Section 5)
- Notice period
- 30 days for objections after the notice is published (Sections 6 and 7)
- Witnesses
- Three, who sign before the Marriage Officer
- Valid for
- The marriage must take place within three months of the notice (Section 14)
Who can marry under the Special Marriage Act
Section 4 of the Act sets the conditions. At the time of marriage:
- neither party has a living spouse;
- both are capable of giving valid consent and are not of unsound mind;
- the man has completed 21 years and the woman 18 years;
- the parties are not within the degrees of prohibited relationship listed in the Act.
Religion does not matter, and neither party has to convert.
Step by step
- Check residence. At least one of you must have lived in the district for at least 30 days immediately before giving notice. In Mumbai, jurisdiction depends on whether that partner lives in Mumbai City or the Mumbai Suburban district.
- Give notice of intended marriage (Section 5). Both partners sign the notice in the form set out in the Act. Many offices now use an online appointment, so check the IGR Maharashtra website or ask the Marriage Officer’s office how notice is to be given.
- Document check. At the appointment, the originals are verified and biometric details may be taken.
- Publication (Section 6). The Marriage Officer enters the notice in the Marriage Notice Book and displays a copy at the office. Where a party does not permanently live in the district, a copy is also sent to the Marriage Officer where that party lives, for display there.
- The 30-day objection period (Section 7). For 30 days from publication, anyone may object, but only on the ground that the marriage would break one of the Section 4 conditions. An objection on any other ground, such as family disapproval, is not a legal objection.
- Inquiry into any objection (Section 8). If an objection is raised, the Marriage Officer must inquire into it, and cannot solemnise the marriage until the objection is decided. A party aggrieved by the decision can appeal to the district court.
- Declarations and solemnisation (Sections 11 and 12). After 30 days, the couple and three witnesses sign declarations before the Marriage Officer. The marriage is solemnised at the office, or at another place within a reasonable distance on payment of an additional fee, in any form the parties choose, provided each says to the other, before the officer and witnesses, that they take the other as lawful wife or husband.
- Certificate (Section 13). The Marriage Officer enters the marriage in the Marriage Certificate Book, signed by the couple and the witnesses. That entry is conclusive evidence of the marriage.
The marriage must be solemnised within three calendar months of the notice. Otherwise a fresh notice is needed (Section 14).
Documents to keep ready
- Proof of age of both partners: birth certificate, school leaving certificate or passport
- Identity and address proof of both partners, including proof of 30 days’ residence for the partner whose address gives jurisdiction
- Recent photographs of both partners
- For a previously married partner: the divorce decree, or the death certificate of the former spouse
- Identity and address proof and photographs of the three witnesses
- For a foreign national: passport and visa, and usually a certificate or affidavit of marital status; check the current requirement with the office
Already married in a religious ceremony? Section 15
A marriage already celebrated in another form can be registered under the Special Marriage Act by the Marriage Officer of the district where at least one party has lived for 30 days, if the Section 15 conditions are met, including that a ceremony of marriage has taken place and the parties have been living together as husband and wife. Registration under Section 15 brings the marriage under the Act from the date of registration for most purposes.
Effects worth knowing
- Divorce for a Special Marriage Act marriage is under the same Act, not under personal law. Mutual consent divorce is available under Section 28.
- Succession questions for such marriages are governed in many cases by the Indian Succession Act, 1925, rather than personal law. Take advice where property is involved.
Safety and family opposition
Where a couple fears threats or harassment from family, the police can be approached for protection, and the High Court has repeatedly protected adults’ right to marry a person of their choice. Do not wait until the day of the marriage to raise it.
Frequently asked questions
How long does a court marriage take in Mumbai?
At least a little over 30 days from notice, because of the mandatory objection period. Without objections, the marriage can usually be solemnised soon after the 30 days end.
Do our parents have to be present or consent?
No. Adults who meet the Section 4 conditions do not need parental consent. Parents can be witnesses if they wish.
Can the witnesses be friends?
Yes. Any three adults with valid identity and address proof can be witnesses.
Does either of us have to change religion?
No. That is the point of the Special Marriage Act.
Consultations are by appointment. To fix a time, telephone +91 99301 50560 or send a message on WhatsApp.
This guide describes general procedure as understood in October 2026. It is not legal advice; requirements change, so confirm current forms and fees with the office concerned before acting.
Related
Related guides
- Marrying a Foreign National or NRI in Mumbai
- Apostille of a Marriage Certificate from Maharashtra
- Late Marriage Registration in Mumbai
- Name Change After Marriage: Is a Gazette Needed?