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How to Do Inter-Religion Marriage in India?

  • Writer: Lead India
    Lead India
  • 6 hours ago
  • 3 min read

What Is an Inter-Religion Marriage?

An inter-religion marriage means a marriage between two adults belonging to different religions such as Hindu–Muslim, Hindu–Christian, Muslim–Sikh etc. Indian law fully recognises and protects such marriages.

Is Inter-Religion Marriage Legal in India?

Yes, inter-faith marriage is 100% legal in India. Adults have full freedom to choose their life partner, irrespective of religion, caste, or community.

“The right to marry a person of one’s choice is a fundamental right under Article 21.” — Supreme Court, Shafin Jahan v. Asokan (2018)

No one — including parents, relatives, police, or religious groups — can stop two consenting adults from marrying.

Which Law Allows Interfaith Marriages?

Special Marriage Act (SMA), 1954

This is the main law under which couples of different religions can marry without conversion.

Optional: Religious Conversion

If one partner voluntarily converts to the other’s religion, marriage can be done under:

But conversion is not compulsory. Couples can marry directly under the Special Marriage Act.

Step-by-Step Process for Inter-Religion Marriage Under SMA

Step 1 – 30-Day Notice

File a Notice of Intended Marriage at the Marriage Registrar’s Office where either partner has stayed for at least 30 days.

Step 2 – Document Verification

The registrar verifies age, identity, marital status, photographs, and residence proof.

Step 3 – 30-Day Objection Period

Notice is displayed publicly. Anyone can object, but only valid legal grounds are accepted.

Step 4 – Marriage Before Officer

After 30 days, the couple signs the marriage declaration before:

  • Marriage Officer

  • 3 adult witnesses

Step 5 – Marriage Certificate Issued

The official certificate is valid for:

  • Visa

  • Passport

  • Bank & Property rights

  • Court matters

  • Foreign immigration

Documents Required

Document

For Bride & Groom

Aadhaar/Passport/Voter ID

Identity proof

Birth certificate / 10th marksheet

Age proof

4 photographs each

Marriage formality

Address proof

Local verification

Affidavit of marital status

Single/Divorced/Widowed

Divorce decree (if divorced)

For remarriage

Death certificate (if widowed)

Proof for remarriage

Pan Card (sometimes required)

Additional ID

Witness documents: Aadhaar + Photo of 3 witnesses.

Police Verification & Legal Objections

Police may verify:

  • Identity

  • Age

  • Marital status

  • Address

Objections allowed only on legal grounds, such as:

  • One of the parties is already married

  • Age below 18/21

  • Mental incapacity

Religion, family pressure, caste, community, or social opposition are not valid objections.

Supreme Court Judgments Protecting Inter-Religion Couples

Shafin Jahan v. Asokan (2018) – “Right to Choose Partner is Fundamental Right”

The court held that adults have full freedom to marry anyone they wish.

Lata Singh v. State of UP (2006)

The Supreme Court directed police to protect inter-caste & inter-religion couples from harassment.

Salamat Ansari v. State of UP (2020)

Allahabad High Court held that consent between two adults is enough; religion is irrelevant.

Safin Jahan Case (Love Jihad issue)

Conversion or marriage cannot be questioned by the police if both parties are consenting adults.

Live-In Relationships & Protection

The Supreme Court recognises live-in relationships as legal between consenting adults. If the family threatens the couple, they can file a Protection Petition under:

  • Article 21 (Right to Life & Liberty)

  • Section 97 CrPC

  • High Court Writ Petition

Common Challenges Faced by Interfaith Couples

  • Family pressure and threats

  • Objections during SMA notice period

  • Police harassment

  • Fake “love jihad” allegations

  • Difficulty in getting documents from families

All these issues can be managed legally with court protection.

Safety Measures & Protection Options

Couples can file:

  • High Court Protection Petition: To request police protection.

  • Injunction Against Family Interference: To stop forced separation.

  • Complaint to SP/DM: If local police refuse help.

  • Writ Petition under Article 226: For immediate protection of life and liberty.

Conclusion

Inter-religion marriage is completely legal and strongly protected by Indian courts. The Special Marriage Act is the safest, cleanest, and most internationally accepted way to formalize such marriages.

“Love or marriage cannot be controlled by society; only law governs it, and the law protects freedom.” — Supreme Court of India

If you are facing family pressure, documentation issues, or need help with SMA registration, Lead India Law can provide legal drafting, protection petitions, and full guidance.

FAQs

Q1. Is inter-religion marriage allowed without conversion?

Yes. The Special Marriage Act allows marriage between any two religions.

Q2. How long does the process take?

Around 30–45 days due to notice and verification.

Q3. Can parents stop interfaith marriage?

No. Adults have the complete right to choose their partner.

Q4. Is Arya Samaj marriage valid for inter-religion couples?

Only if the non-Hindu partner converts voluntarily.

Q5. What if my family threatens me?

You can file a High Court protection petition for safety.

 
 
 

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