Registering an Existing Marriage Under the Special Marriage Act

Not every couple who use the Special Marriage Act are marrying for the first time. Many have already married by some other ceremony, perhaps a nikah, a church wedding, an Arya Samaj ceremony or a civil wedding abroad, and want their marriage recorded under India’s secular marriage law. Sections 15 and 16 of the Special Marriage Act make that possible. This guide explains who can use them, how the process works in Delhi and what the registration changes.

What Section 15 does

Section 15 allows a marriage celebrated in another form, before or after the Act came into force, to be registered by a marriage officer under the Act if certain conditions are met. Once registered, the marriage is treated as if it had been solemnised under the Special Marriage Act. Section 16 sets out the procedure, including public notice and objections.

Who uses Section 15

Situation	Why Section 15 is used
Inter-faith couple who married by one partner’s religious ceremony	The Hindu Marriage Act or another personal law may not cover both partners; Section 15 records the marriage under a secular law
Couple married by a civil ceremony abroad	To record the marriage under Indian law, where that is useful
Couple who want the Special Marriage Act’s divorce and succession rules	Section 15 brings the marriage under the Act
Couple whose religious ceremony’s validity might be questioned	Registration under the Act provides a clear legal record

If both of you are Hindus, Sikhs, Jains or Buddhists and married by Hindu rites, the Hindu Marriage Act route is usually simpler, with no notice period. See Hindu Marriage Act registration in Delhi.

Conditions for registration

The marriage officer must be satisfied that:

1. A ceremony of marriage has been performed between the parties, and they have been living together as husband and wife since.
2. Neither party has more than one spouse living at the time of registration.
3. Neither party is an idiot or a lunatic at the time of registration (the Act’s older wording, meaning lacking capacity).
4. Both have completed the minimum age set by the Act at the time of registration.
5. They are not within prohibited degrees of relationship, unless a custom governing them permits the marriage.
6. They have been residing within the district of the marriage officer for at least 30 days immediately before the application.

The procedure in Delhi

1. Apply jointly to the marriage officer (SDM office) of the district where you have lived for at least 30 days, online through e-District where available or at the office.
2. Submit documents: identity, age and address proof for both; proof of the ceremony (nikahnama, church certificate, Arya Samaj certificate, foreign marriage certificate, photographs); affidavits; photographs.
3. Public notice. The marriage officer gives public notice of the application, inviting objections within 30 days.
4. Objections, if any, are heard and decided.
5. Registration. After 30 days, if satisfied, the marriage officer enters a certificate of the marriage in the Marriage Certificate Book, signed by both parties and three witnesses.
6. Certificate. Issued after approval.

Documents checklist

• Identity proof for both partners.
• Age proof for both partners.
• Address proof showing 30 days’ residence in the district.
• Proof of the ceremony: certificate from the religious body or officiant, or a foreign marriage certificate, with translation if not in English or Hindi.
• Photographs of the ceremony, if available.
• Affidavits on marital status, age, nationality and prohibited degrees.
• Passport-size photographs.
• Divorce decree or death certificate if either was previously married.
• Identity and address proof for three witnesses (on the day of registration).

What registration changes

Registering under Section 15 brings your marriage under the Special Marriage Act. Some consequences follow:

• Matrimonial remedies such as divorce and judicial separation are governed by the Special Marriage Act.
• Succession to property is generally governed by the Indian Succession Act, 1925, with an exception where both parties are Hindus, Buddhists, Sikhs or Jains.
• Children born of the marriage before registration are treated as legitimate.

These are significant legal effects. If you are unsure whether you want them, take advice before applying.

Section 15 registration compared with other routes

Route	Who	Notice	Witnesses	Legal framework afterwards
Hindu Marriage Act, Section 8	Both Hindu, Sikh, Jain or Buddhist	None	2	Hindu Marriage Act
Delhi 2014 Order	Any couple married in Delhi	None	2	Personal law continues
Special Marriage Act, Section 15	Any couple married by another ceremony	30 days	3	Special Marriage Act

The Delhi 2014 Order records a marriage without changing which law governs it. Section 15 changes the governing law. That difference is the main reason to choose one over the other.

Worked example: inter-faith couple married by nikah

Sara, a Muslim, and Dev, who converted to Islam for the nikah, later want their marriage recorded under a secular law that does not depend on either partner’s religion. They have lived together in East Delhi for two years. They apply under Section 15 to the East Delhi marriage officer with the nikahnama, photographs, affidavits and address proofs. After the 30-day notice, they return with three witnesses and their marriage is registered under the Special Marriage Act.

Worked example: civil marriage abroad

Ananya and Tom married at a registry office in London and now live in Delhi. Ananya wants an Indian marriage certificate for property paperwork. They have lived in South Delhi for six months. They apply under Section 15 with the apostilled UK marriage certificate, passports, visas and address proof. After the notice period, the marriage is registered. Many couples in this situation simply use the apostilled foreign certificate instead; whether Section 15 registration is useful depends on what the certificate is for. See registering a marriage solemnised abroad.

Proving the earlier ceremony

Because Section 15 registers a marriage that already happened, the marriage officer wants proof that a ceremony took place and that you have lived together as spouses since. Useful evidence includes:

• the certificate issued by the religious body or officiant: the nikahnama, a church marriage certificate, an Arya Samaj certificate or a gurdwara certificate;
• a foreign marriage certificate, apostilled or attested, with a translation where needed;
• photographs of the ceremony;
• documents showing you live together, such as a joint rent agreement, joint bank account or utility bills at the same address;
• children’s birth certificates naming both of you as parents.

The stronger the proof of the ceremony and of living together, the smoother the registration.

Timeline

Allow at least five to six weeks: a week to assemble documents, one visit to apply, the 30-day notice period, and a second visit with three witnesses to complete registration. The certificate follows after approval. If a deadline is involved, plan backwards from it, and remember that no fee shortens the 30-day period.

Common mistakes

• Choosing Section 15 when the faster Hindu Marriage Act route was available.
• Applying in a district where the couple have not lived for 30 days.
• Arriving with two witnesses instead of three.
• Not understanding the change in governing law.

Get advice on the right route

Section 15 is powerful but not always necessary. WedProof’s free document check tells you whether Section 15, the Hindu Marriage Act or the Delhi 2014 Order fits your marriage best, and what each means for you.