No, a passport is not required for a court marriage in India. Court marriage is governed by the Special Marriage Act, 1954, and the primary documents required are proofs of identity, age, and marital status.
Documents Generally Required for Court Marriage:
1. Proof of Age:
Birth certificate, school certificate, or any government-issued document showing the date of birth.
2. Proof of Address/Identity:
Voter ID, Aadhaar card, PAN card, or ration card.
Passport can be used as a proof of identity or address, but it is not mandatory. Other valid government-issued IDs are sufficient.
3. Photographs: Recent passport-sized photographs of both parties.
4. Marital Status Proof:
For those who were previously married: divorce decree or death certificate of the spouse.
For first-time marriages: a self-declaration that both parties are unmarried.
5. Witnesses:
Three witnesses are required at the time of marriage. Their IDs and addresses are also verified.
Summary:
While a passport is an acceptable proof of identity or address, it is not a mandatory document for court marriage. You can complete the marriage with other government-issued IDs like Aadhaar card, voter ID, or PAN card.
No, a passport is generally not legally mandatory for court marriage in India; it is only one of several valid options for proof of age, identity and address under the Special Marriage Act, 1954 and state marriage rules.
However, a passport becomes compulsory for a foreign national spouse, because it is the primary proof of identity, nationality and often accompanies the required visa and embassy No Objection Certificate.
Relevant Acts and Legal Position
Under section 4 of the Special Marriage Act, 1954, the Marriage Officer must be satisfied about the age, capacity and marital status of both parties, but the Act does not prescribe “passport” specifically; it only requires proof sufficient to verify these conditions.For registration, section 15 and section 16 of the Special Marriage Act require a notice and subsequent entry in the Marriage Notice Book, supported by documents that prove age and address as per state rules, which are typically Birth Certificate, 10th mark sheet, Aadhaar, voter ID, PAN card, driving licence, or passport.
State government rules made under section 50 of the Special Marriage Act and relevant Registration of Marriages Rules (for example, Tripura, Kerala, and other states) list “passport” only as one of the acceptable documents for age and/or address proof, along with alternatives like birth certificate, school certificate, Aadhaar, voter ID, ration card, or utility bills.
For ordinary Indian citizens, therefore, producing Aadhaar, voter ID, PAN plus age proof (birth/school certificate) usually satisfies the legal requirement without a passport, provided the Marriage Officer is satisfied under sections 4, 15 and 16 SMA, 1954.
When Passport Becomes Mandatory
Where one party is a foreign national, the practice and state rules require:
- Valid passport and visa of the foreign national,
- Proof of residence in India (usually 30 days), and
- No Objection Certificate or marital status certificate from that person’s embassy/consulate,
as part of court marriage under the Special Marriage Act.In such foreigner cases, passport is treated as mandatory identity and nationality proof, so marriage officers will not proceed without it, even though the core Act (SMA) itself remains document‑neutral and works through these subordinate rules and administrative instructions.
Legal Answer
Legally, under the Special Marriage Act, 1954 and the state marriage registration rules, an Indian couple can complete court marriage without a passport if they provide other valid age, identity and address proofs accepted by the Marriage Officer.
For marriages involving a foreign national, passport (with visa and embassy NOC) is effectively compulsory under the documentary requirements framed under the Special Marriage Act and allied consular practice, so the parties should be prepared to produce it at the time of notice and solemnization.
