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Marriage Registration Under Special Marriage Act

We had written about marriage registration under Hindu Marriage act. Yesterday we posted the documents needed for marriage registration. Today we are writing about registering a marriage under Special Marriage act.
Who all can  register under Special Marriage Act?
Any person, irrespective of religion can register Marriage under this act. This Act provides a special form of marriage by any person in India and all Indian nationals in foreign countries irrespective of the religion either party to the marriage may profess. For Indian Citizens abroad getting married (getting married to Indian) there, they have to look for a diplomat or consular officer who can solemnize the marriage.This act is applicable throughout India except the state of Jammu and Kashmir.
 

Marriage Registration Under Special Marriage Act
Marriage Registration Under Special Marriage Act

For registering marriage under Special Marriage Act:

  • Each party involved should have no other subsisting valid marriage. In other words, each party should be monogamous.
  • The bridegroom must be at least 21 years old; the bride must be at least 18 years old.
  • The parties should be competent in regards to their mental capacity to the extent that they are able to give valid consent for the marriage.
  • The parties should not fall within the degree of prohibited relationship.

How to Register?

  • The marriage conducted under Special Marriage Act 1954, there is no need of any ceremonial requirement.
  • A notice need to be file in front of the registrar prior to one month of the fixed date of register marriage
  • After the 30 days of notice the marriage is considered valid.
  • The marriage may be solemnized at the specified Marriage Office.
  • Marriage is not binding on the parties unless each party states “I, (A), take thee (B), to be my lawful wife (or husband),” in the presence of the Marriage Officer and three witnesses.

Above and beyond these, you may need to provide some documents like Date of birth proof, address proof etc.
 
 

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