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THE SPECIAL MARRIAGE REGISTRATION ACT, 1954

Special Marriage Act

The Special Marriage Act’ 1955 was introduced into the Indian legal system in the year 1954, as one of independent India’s most prominent secular measures of Special Marriage Act Registration. The Act is applicable to all Indian citizens,  and foreign citizens whether residing in India or abroad  The Act was designed to be a legislation that governs marriages which couldn’t be solemnized under the various religious customs. . The State of Jammu and Kashmir is excluded under the ambit of this Act, though residents domiciled in other states but residing in Jammu and Kashmir would qualify for these provisions.

 

Solemnization of Marriage

The marriage is solemnized either at the office of the respective Marriage Officer i.e. the Marriage Registrar in whose jurisdiction groom or bride resides can entertain application or some other places designated for this purpose. As a ritual of legitimacy, every party is obligated to assent to the marriage in the presence of the Marriage Officer and the three witnesses. Please take note that the presence of three witnesses at the time of Marriage Registration is mandatory.

 

Eligiblity for Marriage under Special Marriage Act Registration:

Marriages under this Act are endorsed based on the following conditions:

  • Neither of the parties has a living spouse.
  • Neither of the parties is incapable of consenting to the marriage owing to unsound mind.
  • Neither of the parties is affected with any mental disorder which renders them unfit for marriage and the procreation of children.
  • Neither of the parties is subject to constant attacks of epilepsy or insanity.
  • The bridegroom and the bride have attained the age of 21 and 18 respectively.
  • The parties are not within the confines of a prohibited relationship. It may be noted though that if a custom governing at least one of the parties doesn’t prohibit a marriage between them, the marriage can be solemnized under this Act.

Note: Prohibited relationship refers to incest and marriages between first cousins and certain relations by marriage.

 

Notice of Proposed Marriage

Any couple wishing to avail the fruits of this Act is required to issue a notice in writing to the “Marriage Officer” of the district where at least one of the parties to the marriage has been residing for the last thirty days. The marriage is generally scheduled within three months from the date of issue of notice. The notice so received will be published in the office of the Marriage Officer by displaying it in a conspicuous place. A copy of the same must also be attached to a “Marriage Notice Book,” which could be inspected by anyone.

 

Period of Objection

Any objections to the marriage, with respect to age, capacity to consent, incest, etc, may be addressed to the Marriage Officer within 30 days of the publication of the notice. In case of any objections, the Marriage Officer is mandated to conduct an inquiry into its validity within a window of 30 days, during which the marriage cannot be solemnized.  If the Marriage Officer discovers that the objection is valid and decides against the marriage of the concerned parties, the bride or groom may appeal to the district court within thirty days of such refusal. If all the concerned objections are dealt with, the bride, groom, and any three witnesses need to sign a declaration in the presence of the Marriage Officer, who would then countersign it. In the absence of any objections, the marriage will be solemnized upon the cessation of the objection period

 

Section 5 of the Special Marriage Act Registration, the legislation that allows solemnization of marriages irrespective of the religion of the couple, requires parties to give a 30-day public notice of their intention to marry. The public notice is displayed at the office of the marriage officer, inviting potential objections to the marriage.

 

 

Process to apply for Marriage Certificate Under Special  Marriage Act.

 

A marriage under the Special Marriage Act, 1954 allows people from two different religious backgrounds to come together in the bond of marriage. The Special Marriage Act, 1954 lays down the procedure for both solemnization and registration of marriage, where either of the husband or wife or both are not Hindus, Buddhists, Jains, or Sikhs.

 

According to this Act, the couples have to serve a notice with the relevant documents to the Marriage Officer 30 days before the intended date of the marriage.

However, while this process has been enabled online, however Most people are often confused about the process of Marriage Registration and Court Marriage. When they try to Google about the information for the same, they get a number of service providers who are offering the services at different service charges. Please remember that registration of your marriage and obtaining a Marriage Certificate is Compulsory in India for every marriage.

Though, the couple will have to visit the marriage officer for the solemnization of marriage, but also, Here, we are available to provide you all the best possible answers to your questions.

 

HOW WE HELP

  1. Please choose your plan/services for Marriage Registration from the lawyer over telephonic talk.

  2. Provide soft copies of the documents over Whatsapp (on the same number) or email: info.mymarriage@gmail.com.

  3. We take print of the documents and will send them to the Marriage Registrar’s office for verification purposes. Once the documents get verified, we visit your place to collect self-attested copies of your documents.

  4. On the day of the visit of our executive please be ready with all the documents required.

  5. We prepare a manual file and get all your documents verified from the Marriage Registrar’s office.

  6. We prepare affidavits and get the attestation done from a Gazetted officer.

  7. We get you the Marriage Registration Date within 8-10 days in the normal process and 3-5 days in the Tatkal process of collection of papers by us. On the date of appointment, both groom and bride need to visit the Marriage Registrar’s office and all original documents, on the same-day registration application will be submitted. The Marriage Registrar will issue you a second date for appearance.

  8. On the Second date of appearance tentatively after 30 days, both groom and bride need to visit the Marriage Registrar’s office again along with 3 witnesses and all original documents.

  9. On the day of second appearance the groom and bride needs to take oath in front of Marriage Registrar and 3 witnesses, on the same day registration process will be completed and the certificate for marriage will be issued after around 15 days of second appearance date.

 

Are you searching for your Marriage Registration hassle-free, if yes? then you are at the right place.

We will provide you the complete process for the Delhi Marriage Registration certificate, like what are the basic requirements to apply, what fee you have to pay to get the marriage registration certificate, and much other related information.

 

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