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A Sworn Affidavit For Marriage is a legally binding document that you must provide when applying for marriage registration or conducting court marriages in India. This sworn statement serves as your formal declaration under oath, confirming your personal details, marital status, and legal capacity to enter into marriage under Indian law.

When do you need this document?

You will need this affidavit when registering your marriage under the Special Marriage Act, 1954, applying for court marriage, or when either party is a foreign national. The document is mandatory for international marriages, particularly when one spouse is an Indian citizen and the other is a foreign national. You'll also require this affidavit when there are discrepancies in your documents, when applying for marriage registration after performing religious ceremonies, or when seeking to prove your eligibility to marry in cases where standard documentation is insufficient. Additionally, this document may be required when changing your name after marriage or when applying for spousal visas for international travel.

Key legal considerations

Your affidavit must include specific declarations about your age, confirming you meet the minimum legal requirements under the Prohibition of Child Marriage Act, 2006 (21 years for males, 18 years for females). You must declare your current marital status, specifically stating that you are unmarried, divorced, or widowed, and provide details of any previous marriages. The document must include verification of your mental capacity to consent to marriage and confirmation that you are not within prohibited degrees of relationship as defined under relevant personal laws. You must also declare that there are no legal impediments to your marriage and that you are entering into the marriage of your own free will without coercion. Any false declarations in this sworn affidavit can result in criminal prosecution under the Indian Penal Code.

Legal requirements in India

Under the Indian Oaths Act, 1969, your affidavit must be sworn before a notary public, oath commissioner, or magistrate who has the authority to administer oaths in your jurisdiction. The document must follow the prescribed format and include your complete personal details, including full name, age, religion, occupation, and residential address. You must attach supporting documents such as age proof, identity proof, and address proof as required by the registering authority. The affidavit must be executed on non-judicial stamp paper of the value prescribed by your state government. For marriages under the Special Marriage Act, 1954, you must submit this affidavit along with your notice of intended marriage to the Marriage Registrar. If you are a foreign national, additional documentation and consular verification may be required as per the Foreign Marriage Act, 1969.