Eligibility for court marriage in India is primarily governed by the Special Marriage Act (1954). This act is secular, meaning it is open to all individuals regardless of their religion, caste, or nationality.+1
As of 2026, here are the strict eligibility criteria you must meet to apply for a court marriage in Delhi:
1. Age Requirements
- Groom: Must have completed 21 years of age.
- Bride: Must have completed 18 years of age.
Note: While there have been legislative discussions about raising the minimum age for women to 21, the current legal standard enforced at SDM offices in Delhi remains 18 for women and 21 for men.
2. Marital Status
Neither party should have a living spouse at the time of the marriage ceremony.
- If you were previously married, you must provide legal proof that the marriage has ended (a Divorce Decree or a Death Certificate of the late spouse).
3. Mutual Consent & Mental Health
- Capacity to Consent: Both parties must be of sound mind and capable of giving valid legal consent.
- Mental Fitness: Neither party should be suffering from a mental disorder that renders them unfit for marriage or the procreation of children.
4. Prohibited Degrees of Relationship
The couple must not be related to each other within the “degrees of prohibited relationship.”
- This generally includes close blood relatives (siblings, lineal ascendants/descendants, etc.).
- Exception: If the custom or usage governing at least one of the parties allows for such a marriage, it may be permitted (though you will need to provide proof of this custom).
5. Residency Requirement
At least one of the two parties must have resided in the specific district of Delhi where you are applying for at least 30 days immediately preceding the date on which the notice is given.
- Proof: You will need a Delhi-based address proof (Aadhaar, Voter ID, or a registered Rent Agreement) to satisfy the SDM of this 30-day stay.
6. Eligibility for Foreigners & NRIs
India allows foreign nationals to get court married here, provided:
- At least one partner has been in India for 30 days (Residency Proof required).
- The foreign partner provides a No Objection Certificate (NOC) or a “Single Status Certificate” from their respective Embassy in India.
- They have a valid Passport and Visa.
Summary Checklist
+2
| Criteria | Requirement |
|---|---|
| Minimum Age | 21 (Male) / 18 (Female) |
| Witnesses | 3 Adult Witnesses (must be present) |
| Religion | Any (Secular process) |
| Waiting Period | Mandatory 30-day public notice |
| Parental Consent | Not Required for adults |
Export to Sheets
Are you or your partner a foreign national, or are you both Indian citizens looking to apply in a district where you have recently moved?