Marriage

Marriage Registration Under the Special Marriage Act

Irrespective of the rituals followed during the marriage, one can register their marriage under the Special Marriages Act, by following the procedure below.

For many purposes, (legal formalities, in particular) you might need to do marriage registration under the Special Marriage Act. The conditions for marriage solemnization under this act differs in certain aspects when compared to personal laws of religion.

Conditions for Marriage Registration Under the Special Marriage Act

(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 years 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 the 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.

Procedure

The parties to the marriage are required to submit an application https://services.india.gov.in/service signed by both of them to the Marriage Officer concerned, along with a marriage affidavit. The Officer will then proceed to give 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. If 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 affect their 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.

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