I want to marry a girl of age above 40. My age is above 45. I am widowed. Her family members are not giving consent. Her religion is Hindu and mine is Sikh. What is the procedure and details required for court marriage.
Hi there, at first you both are Hindu and I hope you both don't have a living spouse.
As you both are major and capable of giving consent so there's no legal impediment in court marriage.
You'll have to register yourself on delhi gov. portal and proceed with the on boarding/ registration formalities. Post that you'll be given an appointment where you have to approach registrar along with documents.
If you have any questions feel free to contact me.
You can lawfully marry without the consent of family members. Since you belong to different religions (Hindu and Sikh), the marriage will be registered under the Special Marriage Act, 1954.
Procedure:
Both parties must be major (male 21+, female 18+) and capable of giving free consent.
File a Notice of Intended Marriage before the Marriage Officer/SDM of the district where either party has resided for at least 30 days.
The notice is displayed for 30 days. If no valid objection is upheld, the marriage is solemnised before the Marriage Officer with three witnesses.
Marriage certificate is issued on the same day or shortly thereafter.
Documents required:
Proof of age (Aadhaar, passport, birth certificate, etc.)
Proof of residence
Passport-size photographs
Identity proof
Widow certificate/death certificate of previous spouse (for you)
Affidavit of marital status
Witness ID proofs....you can contact me further for assistance
You do not require consent of any third person, as you both are of legally marriageable age, and you can solemnize a marriage under special marriage act 1954, that allows marriages of people from different religion. Though Sikhs are covered under hindu law as well. You can solemnise a marriage under hindu law due to the religion of girl.
You are legally free to marry. Family consent is not required under Indian law.
Since you are Sikh and she is Hindu, the correct route is:
Special Marriage Act, 1954 (SMA)
This Act is specifically designed for:
• Inter-religious marriages
• Civil (court) marriages
• Situations without family consent
No conversion is required.
STEP-BY-STEP PROCEDURE (Actual Court Process)
Notice of Intended Marriage
• Filed under Section 5, SMA
• Submitted to the Marriage Officer (SDM) of:
• District where either of you has resided for at least 30 days
Important:
The 30-day residence proof is non-negotiable.
⸻
30-Day Notice Period
• Notice is displayed on the notice board
• Objections can be filed only on legal grounds, not family disapproval
Valid objections are limited to:
• Existing marriage
• Age
• Mental incapacity
• Prohibited relationship
Marriage Solemnisation
• After 30 days, both parties appear before Marriage Officer
• 3 witnesses required
• Declaration signed
• Marriage certificate issued (same day or shortly after)
⸻
DOCUMENT CHECKLIST (Carry ORIGINAL + 2 PHOTOCOPIES)
1️⃣ Groom (Widower)
☐ Aadhaar Card / Passport / Voter ID
☐ Address Proof (any ONE):
• Aadhaar (updated address), or
• Passport, or
• Rent Agreement + Utility Bill
☐ Date of Birth Proof (any ONE):
• Birth Certificate
• Passport
• Class 10 Marksheet
☐ Death Certificate of deceased wife (original + copy)
☐ Passport-size photographs (6 copies)
⸻
2️⃣ Bride
☐ Aadhaar Card / Passport / Voter ID
☐ Address Proof (any ONE):
• Aadhaar
• Passport
• Rent Agreement + Utility Bill
☐ Date of Birth Proof (any ONE):
• Birth Certificate
• Passport
• Class 10 Marksheet
☐ Passport-size photographs (6 copies)
⸻
3️⃣ Witnesses (3 REQUIRED)
Each witness must bring:
☐ Aadhaar / Voter ID / Passport
☐ Address proof
☐ 2 passport-size photographs
Witness eligibility:
• Above 18 years
• Can be friends / colleagues / relatives
• Need not belong to same religion
⸻
C. FORMS TO BE FILLED AT SDM OFFICE
1️⃣ Notice of Intended Marriage (Form under Section 5)
• Filled jointly
• Signed by both parties
2️⃣ Declaration under Section 11
• Signed at time of solemnisation
• Witness signatures required
⸻
D. AFFIDAVITS
Prepared on ₹10/₹20 stamp paper (varies by state):
For Both Parties:
☐ Marital status affidavit
☐ Date of birth affidavit
☐ Nationality affidavit
☐ Mental capacity affidavit
☐ Not related within prohibited degrees
Additional for You:
☐ Affidavit stating:
• Status as widower
• Date of death of previous spouse
⸻
E. PHOTOGRAPH & BIOMETRIC
☐ Couple photograph (some SDMs take live photo)
☐ Thumb impression / biometric (if required)
⸻
⸻
G. ON THE DAY OF SOLEMNISATION
Bring:
• Both parties (in person)
• All 3 witnesses
• Original documents
• Declaration form signed
After verification:
☐ Marriage solemnised
☐ Certificate issued same day or within a few days
You can directly opt for the court marriage, with the help of 3 parties from each side, as a proof. For more details, contact.
As you are a widow, and you have no partner in present, as she is dead. So, you can ask the other family to communicate any problems if they have. Or you can give an application to your and her local Thana, that you guys are going to marry after 2-3 weeks. The application should be submitted before 2 weeks of the marriage
Disclaimer: The above query and its response is NOT a legal opinion in any way
whatsoever as this is based on the information shared by the person posting the
query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to
address the specific facts and details.