Legal Requirements for Marriage in India: What you must know?

Practice Areas Explained Family Law

Posted by Apex Advocates Team on 2025-08-15 18:30:00

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Introduction:

Getting married is a big moment in anyone’s life. In India, it is often celebrated with lots of traditions, ceremonies, and family gatherings. But along with the emotional and cultural side of marriage, there’s also a legal side that many people aren’t fully aware of. Understanding the legal requirements for marriage is just as important as planning the wedding itself.

In India, the law recognizes different types of marriages depending on your religion or choice. For example, there are separate laws for Hindus, Muslims, Christians, and Parsi’s. And if a couple belongs to different religions or simply wants to marry through a court process, they can do so under the Special Marriage Act. Each of these laws has its own process, but there are some common rules that apply to everyone - like minimum age, consent, and proper documents.

This Post will help you understand the legal steps you need to take before and after getting married. Whether you're planning a simple court marriage or a grand wedding ceremony, knowing your rights and responsibilities under the law can save you from problems in the future. Let’s walk through everything you need to know in a clear and simple way.

Marriages Laws in India:

Indian marriages are more than the union of two people and India is a secular country consisting of various religions. Considering large population there and variety in religions and culture of different people, there are several types of marriages in the country, following different customs and traditions. Each type of Marriage is governed by different laws depending on the religion. Thus marriages in India are governed by personal as well as secular laws. Laws governing marriages in India are mentioned below-

1.     Hindu Marriage Act, 1955

2.     Muslim Personal Law (Shariat) Application Act, 1937

3.     Christian Marriage Act, 1872

4.     Parsi Marriage and Divorce Act, 1936

5.     Special Marriage Act, 1954 (for interfaith or civil marriages)

Legal Requirements

I.               LEGAL REQUIREMENTS FOR MARRIAGE UNDER HINDU MARRIAGE ACT, 1955 IN INDIA:

To get legally married under the Hindu Marriage Act, both partners must meet the following conditions:

a.     Both must be Hindus

The Act applies only if both the bride and groom are Hindus, Buddhists, Jains, or Sikhs by religion. If either of them belongs to another religion, this Act will not apply.

b.     Valid Age for Marriage

The groom must be at least 21 years old.

The bride must be at least 18 years old. If either person is underage, the marriage is not legally valid.

c.     Consent is Important

Both the bride and groom must give their free and full consent to the marriage. They should not be forced, mentally unstable, or under pressure.

d.     Monogamy is Mandatory

Neither of the two should have a living spouse at the time of marriage. If a person is already married, they must legally end that marriage before entering into a new one.

e.     Not Within Prohibited Relationship

The couple must not be closely related to each other by blood unless their customs or traditions allow such a marriage. Marriages between close relatives (like siblings or close cousins) are usually not permitted.

f.      Sapinda Relationship Restriction

Marriage is not allowed if the couple falls within a sapinda relationship, which refers to close blood relations on the father's or mother's side, going up to a few generations unless their custom permits it.

Applicability of the Act

The Hindu Marriage Act, 1955 applies to a broad group of people, not just those who identify as Hindus in the traditional sense. To whom this Act applies is given under section 2 of the Hindu Marriage Act, 1955

a.     Hindus of all kinds: This includes people who follow Hinduism in any form, including different sects like Virashaiva, Lingayat, and reform movements like the Brahmo Samaj, Arya Samaj, and Prarthana Samaj.

b.     Other Indian religions: The Act also applies to people who are Buddhists, Jains, or Sikhs by religion.

c.     Others not covered by specific religious laws: If a person is not a Muslim, Christian, Parsi, or Jew, and is domiciled in India, they may also come under this Act, unless they can prove that their personal customs follow a different law.

d.     Children and converted individuals:

                        i.         If both parents are Hindus, Buddhists, Jains, or Sikhs, their child is also covered, whether born inside or outside marriage.

                      ii.         If only one parent belongs to these religions, but the child is raised in that tradition, the law still applies.

                     iii.         People who have converted or reconverted to Hinduism, Buddhism, Jainism, or Sikhism are also included.

e.     Scheduled Tribes: Exception

Members of Scheduled Tribes (as defined in the Constitution) are not automatically governed by this Act.

Procedure to get Marriage registered under Hindu Marriage Act, 1954

1.     Get the Application Form: Visit your local Sub-Divisional Magistrate (SDM) office to collect the marriage registration form.

2.     Fill in the Details: Complete the form carefully, making sure all information is correct. If the bride has changed her name or surname after marriage, mention it in the form.

3.     Arrange Witnesses: Under the Act, two witnesses are required at the time of registration. They can be friends or family members. Witnesses must sign the documents and give their personal details.

4.     Sign the Documents: Both husband and wife must sign all required forms and documents.

5.     Attach Required Documents: Along with the form, attach: A wedding photograph; a copy of the wedding invitation card; address proof of both spouses

6.     Submit to the SDM Office: Submit the completed application and documents to the SDM office after reviewing all details carefully.

7.     Keep Copies: Always keep copies of the filled application form and documents for your own records.

II.            LEGAL REQUIREMENTS FOR VALID MARRIAGE UNDER MUSLIM PERSONAL LAW

Valid marriage is referred to as Nikah, under Muslim law marriage is considered as contract, there are certain essentials in order to make this contract valid. Legal capacity of the parties important when it comes to marriage under Muslim law.

1.     Proposal and acceptance: As per Sharia, the Muslim law begins with the proposal and acceptance. An offer can be made by one party and acceptance has to be followed by it. It is important to that offer and acceptance are made in same meeting, if the offer is made in one meeting and acceptance is made in another one then it becomes invalid.

2.     Competency of parties:

Majority: Under Muslim personal law, a person is considered legally eligible for marriage once they attain puberty. Traditionally, as per the text Hedaya, puberty is presumed to occur around the age of 9 years for girls and 12 years for boys.

However, in the landmark case of Muhammad Ibrahim v. Atkia Begum & Anr., the Privy Council clarified that, in the absence of clear proof to the contrary, a Muslim minor is presumed to have attained puberty at the age of 15 years. This applies to both boys and girls.

Once a Muslim individual has attained puberty (or the age of 15, by legal presumption), they are considered competent to give their own consent for marriage, and there is no requirement for a guardian’s (wali’s) approval. Thus, under Muslim law, a person is considered a major upon attaining puberty, which is presumed to be at the age of 15 years, unless proven otherwise.

Sound Mind: For a valid marriage under Muslim law, both parties must be of sound mind at the time of the contract. A person who is mentally unsound is considered incapable of giving valid consent, and any marriage entered into without such capacity is legally invalid.

Mental unsoundness may take two forms:

(a) Idiocy, which refers to a permanent and severe mental disability that prevents the person from understanding or entering into a contract of marriage.

(b) Lunacy, which is a mental illness that may be temporary or periodic. A person suffering from lunacy can lawfully marry during lucid intervals that is, periods when they are of sound mind and capable of understanding the nature of the marriage contract.

Muslim identity: One of the essential conditions for a valid marriage under Muslim law is that both individuals must profess the Muslim faith, regardless of the sect or sub-sect they belong to. A marriage between two Muslims is considered valid even if they follow different schools of thought within Islam such as Sunni and Shia, since inter-sect marriages are legally recognised.

3.     Free Consent

Under Muslim law, free and voluntary consent of both parties is a key requirement for a valid marriage. If consent is obtained by force, fraud, or misunderstanding, the marriage is considered null and void in the eyes of the law.

This principle was upheld in the case of Mohiuddin v. Khatijabibi, where the Court held that a marriage without true and willing consent of the parties is legally invalid.

4.     Dower

In Muslim law, dower, or mahr, is a mandatory payment either in the form of money or property that the husband is required to give the wife as part of the marriage contract. Its main purpose is to offer the wife financial protection and security, both during the marriage and in the event of separation.

In Nasra Begum v. Rizwan Ali, the Allahabad High Court clarified that a wife’s right to claim dower begins even before she starts living with her husband. If the wife is a minor, her legal guardians have the right to withhold her from being sent to her husband until the dower is paid.

Moreover, if the wife is already with the husband, she can lawfully return to her guardian’s custody until the dower is fulfilled.

5.     Free from legal disability

Muslim law classifies certain marriages as prohibited, and these prohibitions fall into three broad categories: absolute, relative, and miscellaneous. Each category carries different legal consequences depending on the nature of the prohibition.

A.    Absolute Prohibitions (Void or Batil Marriages)

Marriages under this category are completely invalid from the start. They have no legal effect, and children born from such marriages are considered illegitimate.

      i.         Consanguinity (Blood Relations):

Marriage is strictly prohibited between individuals who are closely related by blood. This includes one's mother, grandmother (maternal or paternal, regardless of how far up the lineage), daughter, granddaughter, full or half-sister, niece, great-niece, and aunts from either the maternal or paternal side. Such marriages are void, and any union within these degrees of consanguinity will be treated as legally non-existent.

    ii.         Affinity (Relations through Marriage):

Certain relations established by marriage also lead to absolute prohibition. A man is barred from marrying his wife's mother or grandmother, his wife's daughter or granddaughter, his father's wife or grandfather’s wife, and the wife of his son or any descendant. These relationships are considered too close for marriage and render any such union void.

   iii.         Fosterage (Milk Relationships):

Fosterage arises when a woman breastfeeds a child under the age of two, thereby establishing a foster relationship. A man is prohibited from marrying his foster mother, foster grandmother, or foster sister (the daughter of the woman who breastfed him). Sunni law allows for certain exceptions to this rule, permitting, for example, marriage with a sister’s foster mother or foster-brother’s sister. However, Shia jurists do not accept such exceptions and apply the same prohibitions to fosterage as they do to blood relations.

B.    Relative Prohibitions (Irregular or Fasid Marriages)

Marriages that fall under relative prohibitions are not completely void, but are considered irregular. They can become valid if the specific legal defect is rectified.

      i.         Unlawful Conjunction:

A Muslim man cannot be married to two women at the same time if they are closely related to one another in such a way that, had they been of the opposite sex, their marriage would have been void. This typically includes relationships like two sisters or a woman and her niece. If a man marries two such women simultaneously, the marriage is deemed irregular under Sunni law. However, under Shia law, the same union is considered void. Once one of the women is no longer in the marital bond either by divorce or death the man may lawfully marry the other.

    ii.         Polygamy Beyond Four Wives:

Muslim law permits a man to marry up to four wives simultaneously. If a man marries a fifth wife while already having four, the fifth marriage is treated as irregular under Sunni law and becomes valid only after the death or divorce of one of the existing wives. In contrast, Shia law treats such a marriage as void. Furthermore, if a man registers his marriage under the Special Marriage Act, 1954, he is bound by monogamy and cannot marry again unless the first marriage is legally dissolved.

   iii.         Absence of Proper Witnesses:

In Sunni law, a valid marriage must be contracted in the presence of witnesses specifically, two adult Muslim males or one male and two female witnesses who are of sound mind. Without proper witnesses, the marriage is considered irregular. On the other hand, Shia law does not require witnesses for the marriage to be valid, provided that both parties or their guardians consent to the union.

   iv.         Difference of Religion:

Under Sunni law, a Muslim man may marry a non-Muslim woman from among the “People of the Book,” which includes Christians, Jews, and Parsis. However, marriage with idol worshippers or fire worshippers (such as Hindus or Zoroastrians) is considered irregular. A Muslim woman, however, is not permitted to marry a non-Muslim man, and such a marriage is considered irregular under Sunni law and void under Shia law. Legal scholars differ in their interpretation while Fyzee treats such marriages as void, Mulla regards them as irregular.

     v.         Marriage During Iddat (Waiting Period):

A woman must observe a mandatory waiting period, known as iddat, after her marriage ends either through divorce or her husband's death. This period is intended to clarify the paternity of any potential offspring. For a divorced woman, the iddat lasts three lunar months. For a widow, it extends to four lunar months and ten days. If the woman is pregnant, the iddat continues until delivery. A marriage entered into during the iddat period is considered irregular in Sunni law, while Shia law treats it as void.

C.    Miscellaneous Prohibitions

Apart from the absolute and relative grounds, Muslim law especially under Shia jurisprudence recognises a few additional prohibitions.

Under Shia law, a marriage contracted during a pilgrimage (Hajj or Umrah) is considered void. Re-marriage between a divorced couples also has strict requirements. The woman must marry another man, the second marriage must be consummated and then ended (either by divorce or death), and only after observing iddat can she remarry her former husband. If this prescribed procedure is not followed, the re-marriage is irregular. Additionally, Muslim law does not permit polyandry a practice where a woman has more than one husband at a time. Such arrangements are not recognised and are considered void.

6.     Registration

Under Muslim personal law, registering a marriage is not a mandatory requirement. A Muslim marriage is considered valid even if it is not officially registered. However, some Indian states such as Assam, Punjab, West Bengal, Bihar, and Odisha have introduced laws that allow and encourage the registration of Muslim marriages.

Although registration is not an essential condition for the validity of a Muslim marriage, it acts as strong legal proof of the marriage contract. This can be especially helpful in legal disputes, inheritance claims, or matters involving matrimonial rights.

The importance of registration was highlighted by the Supreme Court of India in the case of Seema v. Ashwani Kumar. The Court held that all marriages of Indian citizens, regardless of their religion, should be registered in the state where the marriage took place. This ruling was aimed at ensuring that marriages are properly documented and legally recognised across the country.

Further clarity was provided by the Madras High Court in the case of M. Jainoon v. Amanullah Khan. The Court acknowledged that while registration is not compulsory under Muslim personal law, it is also not forbidden. This means that Muslim marriages can be registered, and doing so is legally permissible and useful.

In conclusion, although Muslim law does not require marriage registration, it is a legally valid and beneficial step. It helps establish the authenticity of the marriage and provides legal safeguards for both parties.

III.          LEGAL REQUIREMENTS FOR VALID MARRIAGE UNDER SPECIAL MARRIAGE, 1954

The Special Marriage Act, 1954 applies across India (except Jammu and Kashmir) and to Indian citizens abroad, allowing people of any faith Hindu, Muslim, Christian, Sikh, Jain, Buddhist, Parsi to marry under a uniform legal process. It covers interfaith, inter-caste, love, and even intra-faith marriages, and also permits registration of marriages performed under personal laws. Unlike personal laws, which require specific customs or ceremonies, the Act does not mandate rituals marriage is valid solely on the mutual consent of the two parties.

Conditions to get married under Special Marriage Act, 1954

1.     No existing spouse: Both people must be unmarried at the time of marriage (no husband or wife living).

2.     Sound mind: Both must be mentally capable of giving valid consent.

o   They should not have an unsound mind.

o   They should not have a mental disorder that makes them unfit for marriage or having children.

o   They should not have repeated attacks of insanity.

3.     Minimum age: The man must be at least 21 years old. The woman must be at least 18 years old.

4.     Not closely related: They must not be within the degrees of prohibited relationship (like close blood relatives), unless a valid custom allows it.

5.     Custom exception: If a community or family has a long-standing, reasonable, and officially recognized custom, it can allow marriage even within prohibited relationships.

Procedure under Special Marriage Act, 1954

1.     Giving Notice of Intended Marriage

The couple must first give a written notice to the District Marriage Officer. At least one of them should have lived in that district for 30 days or more before giving the notice. The notice must be in the format given in Schedule 2 of the Act.

2.     Publishing the Notice

The Marriage Officer will display this notice in a visible place in their office and on the official website. This gives the public a chance to raise any valid objections before the marriage takes place.

3.     Handling Objections

If anyone raises an objection within 30 days of the notice being published, the Marriage Officer will investigate. Only genuine, lawful reasons can stop the marriage. If no valid objection is found, the marriage can proceed.

4.     The Marriage Ceremony

Once the 30-day period is over and there are no valid objections, the couple can go ahead with the marriage. They can choose the location this could be a court, a place of worship, or any venue of their choice. The Marriage Officer can also conduct a simple civil ceremony if preferred.

5.     Issuing the Marriage Certificate

After the ceremony, the Marriage Officer records the details in the Marriage Certificate Book. The certificate is signed by the couple and three witnesses, and a copy is given to the couple as official proof of their marriage.

6.     Registering the Marriage

Finally, the couple must register the marriage with the Marriage Officer within 30 days of the ceremony. Once verified, the marriage is officially recorded, and a formal certificate is issued in the prescribed format.

CONCLUSION

Marriage in India is not just a cultural or emotional commitment it is also a legal contract that comes with specific requirements, rights, and responsibilities. Whether you marry under personal laws like the Hindu Marriage Act or Muslim Personal Law, or opt for the Special Marriage Act, understanding the legal process ensures your marriage is valid and offers legal protection to both partners. Following the correct procedure, meeting eligibility conditions, and keeping proper documentation can help avoid disputes and safeguard your rights in the future. Being informed is the first step toward building a strong and legally secure marital foundation.

BIBLIOGRAPHY:

1.     Hindu Marriage Act, 1955

2.     Special Marriage Act, 1954

3.      

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