Marriage
Marriage is governed by personal law — the Hindu Marriage Act 1955, Muslim personal law, the Indian Christian Marriage Act, the Parsi Marriage and Divorce Act — or by the secular Special Marriage Act 1954, which requires 30 days' public notice. The Prohibition of Child Marriage Act 2006 sets the minimum ages and penalises those who arrange under-age marriages.
Key points
| Age | 18 for women, 21 for men; a bill to equalise at 21 has been pending |
|---|---|
| Polygamy | Permitted under Muslim personal law; prohibited and criminal for Hindus, Christians, Parsis and for anyone married under the Special Marriage Act. |
| Child marriage | Voidable at the option of the underage party, with penalties for those arranging it |
| Special Marriage Act | For interfaith and civil marriages; 30 days' notice, publicly displayed |
| Registration | Compulsory in most states; essential for visas, inheritance and property |
| Same-sex marriage | Not recognised; the Supreme Court declined in 2023 to read it into the law, leaving it to Parliament |
| Dowry | Giving or taking dowry is a criminal offence, though the practice persists |
| Bigamy | An offence for those governed by statutes prohibiting it |
| Special Marriage Act notice | Thirty days' public notice, which has been challenged as intrusive |
| Prohibition of Child Marriage Act | Marriage below 18 for women and 21 for men is voidable and an offence to arrange |
| Interfaith couples | Several states have added conversion-related procedural requirements |
In practice
- For a Special Marriage Act wedding, plan around the 30-day notice period and possible objections.
- Register the marriage and obtain the certificate — it is required for almost every subsequent formality.
- Interfaith couples facing family pressure can seek police protection; several High Courts have issued directions on this.
- Keep documentary proof of age for both parties.
- Register the marriage and obtain the certificate: it is required for passports, visas and banks.
- Interfaith couples should take advice on which Act to marry under before giving notice.
Cost and coverage
Registration fees are low; the practical costs are documentary.
Recent changes
The Supreme Court's 2023 decision on marriage equality recognised the right of same-sex couples to cohabit and directed the government to examine entitlements, while leaving marriage itself to Parliament.
Where to go
- Office of the Registrar of Marriages in your district.
- District legal services authority for free legal aid.
- Women's helpline 181 for protection in forced marriage situations.
Worth knowing
The 30-day public notice under the Special Marriage Act has been criticised for exposing interfaith couples to family pressure. Some High Courts have held that displaying the notice publicly is not mandatory — worth raising if this is a concern. The thirty-day public notice under the Special Marriage Act exposes interfaith couples to pressure. Legal aid organisations can advise on protective options.
The general article: Marriage · Compare with another country
Partnerships and cohabitation
Live-in relationships are legally recognised by the courts, protected under domestic violence law, and now registrable in one state.
The Supreme Court has held that a long cohabitation raises a presumption of marriage, and the Protection of Women from Domestic Violence Act 2005 protects women in a 'relationship in the nature of marriage', including the right to reside in the shared household. Since 2025, Uttarakhand's Uniform Civil Code requires live-in relationships to be registered — a controversial first.
Key points
| Recognition | Live-in relationships are lawful between consenting adults |
|---|---|
| Presumption of marriage | Long cohabitation can raise a rebuttable presumption |
| Domestic Violence Act | Protects women in relationships in the nature of marriage, including residence orders and maintenance |
| Children | Children of such unions are legitimate for succession to the parents' self-acquired property |
| Uttarakhand | Registration of live-in relationships mandatory since 2025, with penalties for non-registration |
| Property | No automatic sharing; ownership follows title |
| Social risk | Family opposition and harassment remain real; courts have issued protection directions |
In practice
- Document contributions to any jointly used property; there is no automatic sharing.
- Where there is family hostility, protection orders and police protection can be sought from the High Court.
- Make a will — a live-in partner has no intestate succession rights.
- In Uttarakhand, comply with the registration requirement.
- Keep evidence of shared residence and finances: it supports both maintenance and property claims.
- Make a will; intestate succession does not recognise a live-in partner.
Cost and coverage
Court fees are low; legal aid is available through district legal services authorities.
Recent changes
The Uttarakhand registration requirement has been challenged as an intrusion on privacy, and other states have discussed similar measures.
Where to go
- Women's helpline 181.
- High Court protection petitions in cases of family threats.
Worth knowing
Protection under the Domestic Violence Act does not depend on registration or marriage: a woman in a live-in relationship can obtain residence and maintenance orders on the strength of the relationship itself. Protection under the Domestic Violence Act is the strongest practical remedy for a woman in a live-in relationship, and it is available quickly.
The general article: Partnerships and cohabitation · Compare with another country
Same-sex marriage
Decriminalised in 2018, but the Supreme Court declined in 2023 to extend marriage.
The Supreme Court struck down the colonial provision criminalising same-sex conduct in Navtej Singh Johar in 2018. In Supriyo in October 2023 it declined to read marriage law as covering same-sex couples, holding that this is a matter for Parliament, while directing the government to consider practical entitlements through a committee. No marriage, civil union or partnership is available.
India shows the limits of judicial change. The same court that decriminalised in 2018 with expansive language about dignity declined five years later to take the next step, on the ground that marriage is a legislative creation. The committee route that was ordered instead addresses the everyday consequences — a bank account, a hospital ward — without touching status.
Key points
| Marriage | Not available; the Supreme Court left the question to Parliament in 2023 |
|---|---|
| Decriminalisation | Navtej Singh Johar, September 2018 |
| Union alternative | None |
| Foreign marriage | Not recognised |
| Adoption | Not available to same-sex couples; single-person adoption is possible |
| Committee | Government committee directed to examine practical entitlements |
| Discrimination | No general statute covering sexual orientation |
In practice
- Single-person adoption remains open, but it makes only one partner a legal parent, with all that follows.
- A foreign marriage has no effect: no spouse visa, no inheritance, no hospital decision-making.
- Wills, powers of attorney and nominations on insurance and provident funds are the only available protections.
- Employer policies in multinationals often extend partner benefits where the law does not.
Cost and coverage
The real cost is legal drafting — a will and a set of nominations — which is modest and strongly advised.
Recent changes
The Supreme Court's decision of October 2023 declined to extend marriage but directed the government to examine practical entitlements such as joint bank accounts, hospital visiting rights and pensions through a dedicated committee.
Where to go
- Committee constituted at central government level on practical entitlements.
- Community and legal-aid organisations active in the major cities.
- Lawyer, for wills, nominations and powers of attorney.
Worth knowing
The 2023 judgment recognised the reality of these relationships in strong terms while refusing to create rights: read carefully, it is a direction to Parliament, and the practical position is unchanged.
Frequently asked questions
What exactly did the 2023 judgment decide?
That the Special Marriage Act cannot be read as covering same-sex couples and that creating such a right is for Parliament. The court declined to grant civil-union status, and directed the government to constitute a committee on practical entitlements. Reasoning varied between judges; the outcome did not.
What can a couple do in the meantime?
Draft wills, appoint each other under powers of attorney, make nominations on insurance, bank and provident-fund accounts, and hold property jointly where possible. None of it creates a status, but together these documents cover most of the situations where the absence of one causes real harm.
The general article: Same-sex marriage · Compare with another country
Religious ceremony
Religious ceremonies are the marriage — under the personal law of the community — but registration has become effectively compulsory.
India has no single marriage law. A Hindu marriage under the Hindu Marriage Act 1955 is complete on performance of the customary rites, typically the saptapadi. A Muslim nikah is a contract evidenced by the nikahnama. Christian marriages follow the Indian Christian Marriage Act 1872, Parsi marriages their own Act. The Special Marriage Act 1954 provides a civil route, required in practice for many interfaith couples, with a thirty-day public notice period.
Key points
| Hindu Marriage Act 1955 | Marriage complete on performance of customary rites |
|---|---|
| Muslim law | Nikah as a contract, evidenced by the nikahnama |
| Special Marriage Act 1954 | Civil route, with 30 days' public notice |
| Christian and Parsi Acts | Separate statutes with their own formalities |
| Registration | Directed by the Supreme Court in Seema v Ashwani Kumar; states have made it compulsory |
| Minimum age | 21 for men and 18 for women under most personal laws |
| Saptapadi | For Hindu marriages, the ceremony is complete on the seventh step |
| Nikahnama | The record of a Muslim marriage, with enforceable conditions |
| Registration compulsory | Directed by the Supreme Court and enacted by most states |
In practice
- Register within the state's time limit; late registration requires an affidavit and sometimes a court order.
Where to go
- Office of the Marriage Officer or Sub-Registrar of your district.
- District legal services authority for free advice.
- Family courts for disputes.
Worth knowing
Whatever the ceremony, register the marriage. Without a marriage certificate, proving the marriage for a passport, a visa, a bank or an inheritance claim becomes a court case. The ceremony creates the marriage under personal law, but without registration you cannot prove it for a passport, a visa or an inheritance claim.
The general article: Religious ceremony · Compare with another country
Wedding customs and ceremonies
Several days of ceremony, with haldi, mehndi, sangeet and the seven steps.
An Indian wedding is a sequence rather than an event, and the sequence varies enormously by religion and region. A Hindu wedding typically runs over several days: the haldi, where turmeric paste is applied; the mehndi, henna on the bride's hands; the sangeet, an evening of music and dance; the baraat, the groom's procession; and the ceremony itself under a mandap, culminating in the saptapadi — seven steps taken together, each with a vow.
An Indian wedding is a sequence of events over several days rather than a single ceremony, and the specific rites vary enormously by region, religion and community. Common in North Indian Hindu weddings are the haldi, in which turmeric paste is applied to the couple; the mehndi, when henna is applied to the bride; the sangeet, an evening of music and dance; and the saptapadi, the seven steps around the sacred fire that constitute the marriage itself.
Key points
| Haldi | Turmeric applied to both, for blessing and for the skin |
|---|---|
| Mehndi | Henna on the bride's hands and feet, the evening before |
| Sangeet | Music and dance evening, both families performing |
| Baraat | The groom's procession, with music and often a horse |
| Mandap | Canopy under which the ceremony is conducted |
| Saptapadi | Seven steps, each carrying a vow — the binding moment |
| Mangalsutra and sindoor | Tied and applied to mark the marriage |
| Nikah, Anand Karaj | Muslim and Sikh ceremonies follow their own distinct forms |
In practice
- Ask which tradition applies before assuming anything: practices differ completely between communities.
- Guests are expected at several events, not only the ceremony — check which ones.
- Gifts are usually cash, in an envelope, in an amount ending in one.
- Registration of the marriage is a separate step and is what gives legal effect.
What it costs
Costs vary enormously by region and community, from a few lakh rupees for a modest wedding to many tens of lakh for an urban celebration. The guest list is the main driver — several hundred guests is normal rather than exceptional.
Recent changes
Smaller weddings and destination ceremonies within India have grown since the pandemic, and legal registration under the Special Marriage Act has become more common for inter-faith couples.
Frequently asked questions
How many days does an Indian wedding last?
Typically three to five for the main events, sometimes longer, with each day having its own function and often its own dress code. Guests are usually invited to all of them. Ask the family which events they expect you at — attending only the main ceremony is possible but unusual for close guests.
What should a foreign guest wear?
Indian dress is welcomed rather than treated as appropriation; a kurta or a sari or lehenga is entirely appropriate and will be appreciated. Avoid white and black for the main ceremony in most Hindu communities, and avoid red for the bride's colour. The family will happily advise, and often help you buy.
The general article: Wedding customs and ceremonies · Compare with another country
Matrimonial property and inheritance
No matrimonial property regime at all, and succession that depends on religion — with daughters now equal coparceners in Hindu families.
India has no community of property: each spouse keeps what is in their name, which historically left homemakers exposed. Succession follows personal law. The Hindu Succession Act, as amended in 2005, made daughters coparceners in ancestral property on the same footing as sons, and the Supreme Court confirmed in 2020 that this applies regardless of whether the father was alive in 2005.
Key points
| Matrimonial property | None; ownership follows title |
|---|---|
| Homemaker contribution | Recognised in maintenance awards and residence rights, not as a property share |
| Hindu succession | Daughters are coparceners with equal rights in ancestral property since the 2005 amendment |
| Muslim succession | Fixed shares under personal law; testamentary freedom limited to one third without heirs' consent |
| Christians and Parsis | Indian Succession Act applies |
| Wills | Permitted for most communities; registration is optional but advisable |
| Estate tax | None since 1985 |
| No community of property | Assets belong to the person in whose name they stand |
| Hindu Succession Act | Daughters are coparceners by birth, confirmed by the Supreme Court in 2020 |
| Stridhan | A woman's own property, including wedding gifts, remains hers absolutely |
In practice
- Register the will and keep the original secure; unregistered wills are valid but more often challenged.
- Hold property jointly where both spouses contribute, and record the contributions.
- Nominations in bank accounts and insurance do not override succession law — the nominee holds for the heirs.
- Obtain a succession certificate or probate where required by the relevant state.
- Document stridhan with photographs and lists at the time of the wedding.
- Register any will; registration is optional but makes challenge harder.
Cost and coverage
Stamp duty and registration charges on property transfers vary by state and can be substantial.
Recent changes
The 2020 Supreme Court ruling on daughters' coparcenary rights has been described as one of the most consequential property decisions for Indian women in decades.
Where to go
- Sub-registrar offices for registration of wills and deeds.
- Chartered accountants for the tax consequences of transfers.
Worth knowing
A nomination is not a bequest. Banks and insurers pay the nominee, but the money belongs to the legal heirs — a distinction that causes a great many family disputes. Daughters have equal coparcenary rights in ancestral property by birth, regardless of when the father died. Family practice still often ignores this.
The general article: Matrimonial property and inheritance · Compare with another country
Divorce
There is no single divorce law. Hindus, Buddhists, Jains and Sikhs come under the Hindu Marriage Act 1955; Muslims under Muslim personal law; Christians under the Indian Divorce Act; Parsis under their own statute; and anyone married under the Special Marriage Act 1954, including interfaith couples, under that Act.
Key points
| Mutual consent | Requires separation, two motions, and a six-month gap that the Supreme Court has held can be waived |
|---|---|
| Contested grounds | Cruelty, desertion, adultery, conversion, mental disorder, and others depending on the statute |
| Irretrievable breakdown | Not a statutory ground, but the Supreme Court can dissolve a marriage on that basis under its constitutional powers |
| Triple talaq | Instant triple talaq struck down in 2017 and criminalised in 2019 |
| Khula and other routes | Available under Muslim personal law, with recourse to the courts |
| Maintenance | Available regardless of religion under the criminal procedure provisions, alongside personal law remedies |
| Homemaker contribution | Increasingly recognised by courts in maintenance and property claims |
| Cooling-off period | Six months for mutual consent divorce, waivable by the court in suitable cases |
| Personal laws | Grounds differ under the Hindu, Muslim, Christian, Parsi and Special Marriage Acts |
| Section 125 | Maintenance is available under the criminal procedure code regardless of religion |
| Delay | Contested divorces routinely take several years |
In practice
- File in the family court where the marriage was solemnised, where the couple last lived together, or where the respondent resides.
- Mediation is court-annexed in most family courts and often effective.
- Gather documentary proof of income early: maintenance disputes turn on it.
- Interim maintenance can be sought at the outset, without waiting for the final decree.
- Apply for interim maintenance immediately; it does not wait for the divorce.
- Ask the court to waive the cooling-off period where the parties have already lived apart for long.
Cost and coverage
Court fees are low; lawyers' fees vary enormously. Legal aid is available through district legal services authorities.
Recent changes
The Supreme Court's willingness to waive the cooling-off period and to dissolve irretrievably broken marriages directly has significantly shortened some cases.
Where to go
- District legal services authorities — free legal aid and Lok Adalat settlements.
- Family courts in each district.
- Women's helpline 181 for support and referral.
Worth knowing
There is no community of property in India, so a spouse who was a homemaker has no automatic share in assets held in the other's name. Maintenance and residence rights are the main protections — claim them explicitly. Maintenance under section 125 of the criminal procedure code is faster than any civil claim and is available to women of every religion.
General sources
- India.gov.in — national portal of India
- India Code — central and state legislation