The Special Marriage Act 1954 is India's secular civil marriage law — open to all citizens regardless of religion. This 5-minute read covers eligibility, key sections, fees, and whether SMA is right for you.
This quick-overview page is for couples who Googled "Special Marriage Act" and want fast facts in 5 minutes. For the full step-by-step guide tailored to Tis Hazari Court Delhi, see our complete SMA guide or our SMA service page.
Special Marriage Act 1954 — India's secular civil marriage law for all communities.
What is the Special Marriage Act in One Line?
An Act of Parliament that allows any two adults in India — regardless of religion, caste, or nationality — to marry as equal civil partners, without converting religion or performing any religious ceremony.
Inter-caste couples wanting a purely civil ceremony
NRI marriages where one partner is a foreign citizen
Atheist / agnostic couples not wanting religious rites
Couples planning to settle abroad (SMA Marriage Certificate is straightforward to apostille)
Eligibility Checklist (Section 4 SMA)
Requirement
Detail
No living spouse
Both partners must be unmarried, divorced, or widowed
Age
Male 21+, Female 18+ at the time of marriage
Mental capacity
Both must be of sound mind, capable of giving valid consent
Prohibited relationships
Not within degrees prohibited under SMA Schedule I (unless customarily allowed)
Residence (for notice)
At least one partner must have resided 30+ days in the SDM's district
Key Sections at a Glance
Section
What It Covers
Section 4
Eligibility for marriage under SMA
Section 5
Notice of intended marriage to the Marriage Officer
Section 6
Publication of notice on SDM board for 30 days
Section 7
Objections during the 30-day period
Section 11
Declaration by parties + 3 witnesses
Section 13
Certificate of marriage (the Form-V)
Section 19
Effect on family rights (severance from joint Hindu family for Hindus)
Section 28
Divorce by mutual consent (parallel to HMA Section 13B)
SMA Process in 5 Stages
Notice Filing (Day 1) — Both partners file Form-I "Notice of Intended Marriage" at the SDM office where at least one has lived 30+ days.
30-Day Public Notice (Days 1–30) — Notice posted on the SDM office board. Any objection must be filed within these 30 days.
Solemnisation (Day 31+) — Both partners + 3 witnesses appear, sign declarations in the marriage register.
Marriage Certificate Issued — Form-V Marriage Certificate stamped and signed by the SDM same day.
Apostille (optional) — For NRIs / use abroad, the certificate is apostilled by MEA.
SMA Fees (2026)
Component
Amount
Notice filing fee (Government)
₹150
Marriage solemnisation fee
₹150
Certificate fee
₹15
Affidavit / notary
₹400
Lawyer service fee (our charge)
₹17,000
Total
₹17,715 (rounded to ₹18,000)
SMA vs HMA — Quick Decision Table
If both partners are Hindu/Sikh/Jain/Buddhist
HMA Section 8 is faster (same-day, ₹12,100)
If partners are different religions
SMA is the only legal route (₹18,000)
If one partner is foreign citizen
SMA mandatory (with passport + visa proof)
If you want a fully civil marriage
SMA — no religious ceremony required
If you need certificate apostilled for abroad
Both work, SMA certificate is simpler to apostille
Common SMA Myths Busted
Myth: "SMA notice is sent to your parents." → Fact: No — it's only posted on the SDM board.
Myth: "You need 3 witnesses from your family." → Fact: Any 3 adults with Aadhaar — friends, colleagues, neighbours.
Myth: "SMA changes your religion." → Fact: No — your religion remains as it was. SMA is a civil contract.
Myth: "SMA marriage isn't recognised abroad." → Fact: SMA Form-V + MEA apostille = recognised in 120+ Hague Convention countries.
Myth: "SMA takes 6 months." → Fact: Exactly 30 days notice + 1 day solemnisation = 31 days total.
Confused Between SMA & HMA? Free 5-Min Eligibility Call
We've helped 7,200+ couples decide the right route. Tell us your religions, dates, and travel constraints — our senior advocate will recommend the fastest legal path. Call 9315198092 or WhatsApp the same number with "Eligibility check" for an instant answer.
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