How do we do a court marriage? Do we need our parents' consent?
Simple answer
No, adults do not need their parents' consent. Under the Special Marriage Act, a man aged 21+ and a woman aged 18+, of any religion, can marry without converting. You give notice to the Marriage Officer, wait 30 days for objections, then marry before three witnesses.
Real-life examples
Arjun, a Hindu, and Sara, a Christian, want to marry without either converting. Sara has lived in Pune for two months, so they give notice to the Pune Marriage Officer. After 30 days with no valid objection, they marry with three witnesses and get a certificate.
After Simran and Rizwan marry, her family threatens them. As adults, they have the right to choose each other. They can ask the police for protection, or approach the High Court.
Rahul is 20 and Divya is 19. Under the Special Marriage Act, the man must be at least 21, so the Marriage Officer will not marry them until Rahul turns 21.
What should you do?
- 1Check that you both qualify: man 21+, woman 18+, no living spouse (a divorce decree if married before), and not closely related.
- 2Submit the notice of intended marriage to the Marriage Officer of the district where at least one of you has lived for the last 30 days. Many states accept it online.
- 3Carry age proof, address proof, passport photos and affidavits about your age, marital status and nationality.
- 4Wait 30 days after the notice is put up. If someone objects, the officer must decide within 30 days; you can appeal a refusal to the district court.
- 5Within 3 months of the notice, go with three witnesses (with ID) to sign the declaration and get your marriage certificate.
- 6If your family threatens you, call 112 and ask the police or the High Court for protection.
Exceptions & limits
- If both of you are Hindu, Sikh, Jain or Buddhist, you can also marry by religious rites under the Hindu Marriage Act and then register it. There is no 30-day notice.
- If the marriage does not happen within 3 months of the notice, the notice lapses and you must give a fresh one.
Official legal reference
Special Marriage Act, 1954 — Section 4
Conditions: man 21+, woman 18+, no living spouse, able to give valid consent, not within prohibited relationships.
Special Marriage Act, 1954 — Sections 5, 6, 7, 8
Notice after 30 days' residence; notice is displayed; objections within 30 days; officer decides objections; appeal to district court.
Special Marriage Act, 1954 — Sections 11, 13, 14
Marriage before three witnesses; certificate in the Marriage Certificate Book; notice lapses after 3 months.
Shafin Jahan v. Asokan K.M. (2018)
Choosing a life partner is part of an adult's right to liberty; family or society cannot override it.
Shakti Vahini v. Union of India (2018)
Guidelines for police and officials to protect couples from honour crimes and khap panchayat threats.
Where to get help
NALSA Free Legal Aid
Free lawyer and legal advice for eligible people through Legal Services Authorities.
Source & status
- Applies to
- Varies by state
- Who the Marriage Officer is, and how the notice is filed and displayed (online or at the office), differ by state. Some states' anti-conversion laws require advance notice to officials if anyone converts for marriage.
- Law in force since
- 1 Jan 1955
- Legal review
- Draft — awaiting lawyer review
Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.