Solemnization & Registration of Marriage under the Special Marriage Act

As the name suggests, Special Marriage Act is a ‘Special’ legislation in India, which enable a special form of marriage for couples following different religions, or desiring a civil form of marriage. The Act allows solemnization and registration of marriages which couldn’t be solemnized under the various religious customs. For example,  two Indian citizens having different religions can get married under this Act. An  Indian  citizen and his/ her foreign national partner can also get married under the Act. Even two  foreign  nationals can get their marriage solemnized and registered under the said Act as observed by the Delhi High Court in a recent judgment in the case of Bhumika Mohan Jaisinghani and Anr. v/s Registrar of Marriage and Ors.

Conditions relating to solemnization of marriages under the Special Marriage Act:

• Neither party should have a spouse living.
• The male must have completed the age of twenty-one years and the female must have completed the age of eighteen years.
• The parties should not be within the degrees of prohibited relationship unless the custom or usage governing each of them permits a marriage between the two.
• That neither party is incapable of giving valid consent to the marriage due to unsoundness of mind.
• That neither party has been suffering from a mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children.
• That neither party has been subject to recurrent attacks of epilepsy or insanity.

Procedure for solemnization of marriages under the Special Marriage Act:

• The parties have to file a Notice of Intended Marriage in the specified form to the Marriage Registrar of the District in which at least one of the parties to the marriage has resided for not less than thirty days immediately preceding the date on which such notice is given.
• The notice given is then published by affixing it in some conspicuous place in the office of the Marriage Officer, and before the expiration of thirty days from the date on which the notice was published any person can object to the marriage that it would contravene any of the conditions necessary for the marriage.
• After the expiry of thirty days from the date on which the notice was published, if no objection is received, the marriage may be solemnized.
• Before the marriage is solemnized the parties and three witnesses have to sign a declaration form, and the declaration has to be countersigned by the Marriage Officer.
• After the marriage has been solemnized the Marriage Officer shall enter a certificate in the Marriage Certificate Book and this shall be signed by the parties to the marriage and the three witnesses and this shall be conclusive evidence of the marriage.
• Both parties are required to be present at the time of filing of the initial notice as well as after 30 days for the solemnization and registration of marriage.

Documents Required:

Documents required include identity proofs, address proofs, valid passport, visa & NOC from embassy/ consulate (in case of foreign nations), affidavits, declaration forms, etc.