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Introduction to Special Marriage Registration in India

December 1, 2017
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The Parliament of India has made an Act known as the Special Marriage Act, 1954. It does not discriminate people in accordance with the religion or faith which they are following. It is applicable for marriage for the Indian inhabitants as well as Indians in other countries for pursuing Marriage Registration.

The aim of fabricating this law was threefold

  • Provision of special forms of marriage in special cases.
  • Provision of registration for marriages.
  • Provision for divorce.

So, basically, the act enables the citizens of India to perform and register their marriage with the aid of the Special Marriage Act.

The Process

If you are planning for Marriage Registration under the Special Marriage Act, you will be required to follow the given procedure

  • You will be required to give a written notice to the concerned marriage office. The notice has to be penned down in the specified forms.
  • However, it is pertinent that either of the partners must have resided for a time lost of at least days under the jurisdiction of the marriage officer.
  • Post this; in the registration office, a copy of the notice is pasted.
  • Another copy is also sent to the area of the marriage officer which is the permanent address of either of the soon-to-be-life-partner.
  • This is followed by a 1 month waiting period.
  • If there is no objection raised the marriage can be solemnized.
  • However, if there comes any objection the marriage officer executed a comprehensive inquiry. After the inquiry complete the marriage is solemnized.
  • The day of solemnization requires 3 witnesses. These 3 witnesses are required to be present with ID cards, document for age proof, document for address proof, affidavits.
  • Both you individuals, of the soon-to-be-couple, also need to submit affidavits stating fit mental condition, marital status passport size photographs.
  • Post this; the couple will be able to avail official marriage certificate from the registrar which completes Marriage Registration.

Rules governing the special marriage

Here is the list of the rules both the partners will be required to abide by for applicability to Special Marriage Registration

  • The spouse of either of the partner should not be living at the time of the wedding.
  • The section also requires healthy physical and mental capacity of both the parties.
  • The female should have reached the age of 18 and the male member at the age of 21 years.
  • The partners should not be a part of any prohibited relationship.

Applicability

The following is the applicability criteria’s for special marriage act

  • Any individual of any religion.
  • Inter-caste marriage is also applicable under this act.
  • It is applicable to the entire Indian Territory. However, it excludes the state of Jammu and Kashmir.
  • The Indian national who are living in other countries.

If you are perplexed with regards to the succession of property, it is governed by the Indian Succession Act. Yet again, there is the Hindu Succession act which governs marriages involving Hindu, Sikh, Jain or Buddhist religion.

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