Marriage Registration under Special Marriage Act

Last Updated at: Oct 06, 2020
5162
Marriage certificate
Amid lockdown in Kolkata, 5752 registered marriages have been taken place in Kolkata in April and May.

 

The Kerala Highcourt denied the request of a homosexual couple to register their marriage under the Special Marriage Act as it only solemnises those marriages between a man and woman.

 

For many purposes, in particular legal formalities, the marriage needs to be solemnised under Special Marriage Act. A marriage already solemnised, excluding marriages solemnized under the Special Marriage Act, maybe registered under the Special Marriage Act so long as:

(a) a ceremony of marriage has been performed between the parties and they have been living together as husband and wife ever since;

(b) neither party has more than one spouse living at the time of registration;

(c) neither party is an idiot or a lunatic at the time of registration;

(d) the parties have completed the age of twenty-one year at the time of registration;

(e) the parties are not within the degrees of prohibited relationship;

(f) the parties have been residing within the district of the Marriage Officer, to whom application is made for registration of the marriage, for a minimum period of thirty days immediately prior to the date on which the application is made.

Get Your Marriage Registered

Procedure
The parties to the marriage are required to submit an application signed by both of them to the Marriage Officer concerned, along with a marriage affidavit. The Officer will then proceed to give a public notice of the application in the prescribed manner. After allowing a period of thirty days for objection, the marriage Officer, if satisfied, will enter a certificate of the marriage in the Marriage Certificate Book, which shall be signed by the parties to the marriage and three witnesses.

From the date of such entry of the marriage certificate, the Marriage will be deemed to be solemnized under the Special Marriage Act, the Marriage Officer refuses registration, either party may appeal to the District Court of the district in which the office of the Marriage Officer is situated within 30 days of refusal by the Marriage Officer.

Consequences of Marriage Solemnized Under Special Marriage Act
Any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jain religion marrying under the Special Marriage Act shall be deemed to effect his/her severance from the family. Succession to the property of any person marrying under this Act as well as the descendants of such person shall be governed by the provisions of the Indian Succession Act, 1925.

However these rules will not be applicable in case of marriages between a person who professes the Hindu, Buddhist, Sikh or Jain religion with a person who professes the Hindu, Buddhist, Sikh or Jain religion.