Court Marriage Registration in Mumbai: Full Process and Requirements
Deciding to marry is a big and personal step. If you want a straightforward and legal way to tie the knot without a large ceremony, Court Marriage Registration in Mumbai gives you a clear and easy option. This guide explains the full procedure of court marriage in Mumbai in simple language. You will learn the steps, key documents, timelines, legal basics, and helpful tips so you feel calm, prepared and confident throughout the process.
Why Couples Choose Court Marriage Registration in Mumbai
- Simple and affordable: You skip the expensive rituals and still get a fully legal marriage certificate.
- Secular and inclusive: The Special Marriage Act, 1954 lets people from different religions or backgrounds marry without converting.
- Legal protection: The certificate helps with passports, bank KYC, inheritance, and other rights.
- Private: If you want a calm, low-key day, court marriage keeps things personal.
The law that matters
The main law for a court marriage in Mumbai is the Special Marriage Act, 1954. It sets the rules about who can marry, how to give notice, the waiting time, and how the Registrar records the marriage. If you follow this Act and the local Special Marriage Rules, the marriage is legally valid all over India.
Recently, India updated its criminal law framework with the Bharatiya Nyaya Sanhita (BNS). That change affects how criminal complaints linked to marriage like bigamy, threats, or harassment are handled. But BNS does not change the actual civil steps you take to register a marriage under the Special Marriage Act. If a dispute turns criminal, police and courts will use BNS rules for those offences.
Who can get married under the Special Marriage Act?
- Groom must be at least 21 years old; bride must be at least 18 years old.
- Both parties must give free consent and be of sound mind.
- Neither should have a living spouse (unless legally divorced or widowed with papers).
- They must not fall within prohibited degrees of relationship, unless allowed by custom.
- At least one partner must have lived in the district where the notice is filed for 30 days before filing.
Step-by-step: The procedure of court marriage in Mumbai
Step 1: File the Notice of Intended Marriage
You start by filing a written notice at the Marriage Registrar’s office in the district where at least one partner has lived for 30 days. In Mumbai, that is usually the Registrar under the Brihanmumbai Municipal Corporation or the relevant district office. The notice is a form where you give names, ages, addresses, occupations, and signatures.
Step 2: 30-day public notice
After you file the notice, the Registrar puts it on the office notice board for 30 days. This gives anyone a chance to object if they believe the marriage is unlawful for example, if someone thinks one partner is underage or already married.
Step 3: If someone objects
Any objection must have a legal ground. The Registrar will hear the objection and investigate. If the objection is valid, the Registrar can refuse to solemnise the marriage. If you get an unfair refusal, you can appeal to the courts. If the objection is found invalid or withdrawn, you move ahead.
Step 4: Solemnisation of marriage
If no valid objection appears within 30 days, or the objection is dismissed, the marriage can be solemnised within three months from the date of the notice. On the chosen day, both partners appear before the Registrar with three witnesses. Each partner declares acceptance of the other and signs the register, along with the witnesses.
Step 5: Marriage certificate
After signing, the Registrar issues a marriage certificate under the Special Marriage Act. This court marriage certificate is the official proof of your marriage. Keep the original safe you’ll need it for passports, visas, bank formalities, and many legal matters.
Documents you’ll usually need
- Filled Notice of Intended Marriage form (as per Special Marriage Rules).
- Proof of age: birth certificate, passport, or school leaving certificate.
- Proof of address: Aadhaar, passport, voter ID, driving licence, or utility bills.
- Passport-size photos of both partners and three witnesses.
- Proof of marital status: affidavit of bachelor/spinster, divorce decree absolute, or death certificate of previous spouse if applicable.
- For NRIs/foreigners: passport, visa or residence proof, and embassy/notary attested affidavits as needed.
- Identity proofs: Aadhaar, PAN, passport or voter ID for both partners and witnesses.
Always check with the local Marriage Registrar’s office before filing, because some districts may ask for small additional papers or local forms.
NRIs and foreign nationals, extra tips
If one partner is an NRI or foreigner, start embassy attestation and notarisation early. You’ll likely need a notarised affidavit saying you’re free to marry, plus passport and visa copies. Getting these done well before filing the notice avoids delays.
How BNS affects marriages
The Bharatiya Nyaya Sanhita (BNS) updates criminal laws. So if a marriage-related issue turns into a criminal case like coercion, abduction, or dowry harassment the police and courts will apply BNS sections. But the civil process for a court marriage in Mumbai remains governed by the Special Marriage Act. If you face criminal complaints, talk to a lawyer who understands BNS rules.
Key court decisions that protect your right to marry
- Lata Singh v. State of U.P. (2006): Courts said adults have the right to marry by choice and the State must not stop consensual adult marriages.
- Shafin Jahan v. K.M. Ashokan (2018): The Supreme Court reinforced that adults have the freedom to marry and must be protected from harassment.
- Recent discussions around same-sex marriage show the law is evolving. Courts have pushed the government to review rights for same-sex couples, though same-sex marriage is not yet legally recognised across India.
Practical tips to avoid delays
- Gather all documents early, especially age and address proofs.
- Make sure affidavits are clear, signed, and notarised if required.
- Get witnesses lined up and ensure they carry ID and photos on the day.
- If someone files an objection, contact a lawyer quickly to prepare evidence and argue your case.
- For NRIs and foreigners, start embassy attestation well in advance.
FAQs
What to do if things go wrong
If someone files a fake objection, or your family causes trouble, get legal help right away. If police or courts get involved with criminal complaints, a lawyer familiar with BNS will guide you. If the Registrar wrongly refuses, you can ask the High Court for relief. Don’t delay, timely legal action protects your rights and keeps the process on track.
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COURT MARRIAGE FOR NRI’S IN MUMBAI. IS IT NECESSARY FOR NRI COUPLE TO STAY IN MUMBAI 30 DAYS IMMEDIATELY BEFORE GIVING THE NOTICE OF COURT MARRIAGE.