Title: What is Special Marriage Registration
Description:

What is Special Marriage Registration?

Special Marriage Registration refers to the legal process under the Special Marriage Act, 1954 in India, which allows individuals of different religions, castes, or nationalities to marry without needing a religious ceremony. The Act provides a secular framework for marriage, unlike religious personal laws (like Hindu Marriage Act or Muslim Marriage Law).

Special Marriage Registration in Haryana
Special Marriage Registration in Haryana

Here’s an overview of the Special Marriage Registration process:

Key Features of Special Marriage Registration:

Interfaith or Inter-caste Marriages: It enables people of different faiths, castes, or nationalities to marry.

Civil Marriage: The marriage is solemnized by a Marriage Officer (usually the Registrar of Marriages), without any religious rituals or customs.

Age Criteria for Special Marriage Registration:

  • The male must be at least 21 years old.
  • The female must be at least 18 years old.

Notice of Intended Marriage under Special Marriage Registration:

  • The couple has to give a 30-day public notice at the Registrar’s office where one of the parties has resided for at least 30 days prior to the notice.
  • This notice is displayed publicly at the Registrar’s office, allowing for objections from anyone opposing the marriage on legal grounds.

No Religious Conversion Required: There is no requirement for either party to convert to the religion of the other.

Objections: If any objection is raised during the 30-day period, the Registrar will investigate it. If no valid objection is found, the marriage will proceed.

Marriage Solemnization: After the notice period, the couple, along with three witnesses, must appear before the Registrar for the solemnization of the marriage.

Marriage Certificate: Once the marriage is registered, a marriage certificate is issued, which is proof of the legal union.

Documents Required for Marriage Registration under Special Marriage Act:

  • Proof of age (birth certificate or school certificate)
  • Proof of residence (voter ID, Aadhaar card, etc.)
  • Passport-sized photographs
  • Affidavit affirming marital status (single, divorced, or widowed)
  • Death certificate or divorce decree (if applicable)

The Special Marriage Act is especially significant for couples who face societal or family pressure due to their differing religious or cultural backgrounds, as it ensures their right to a lawful union.

How to Register Marriage Under Special Marriage Act 1954?

To register a marriage under the Special Marriage Act, 1954, follow these steps:

Steps for Registration Under the Special Marriage Act:

Filing a Notice of Intended Marriage under Special Marriage Act:

  • Both parties must file a Notice of Intended Marriage with the Marriage Registrar of the district where either party has resided for at least 30 days prior to the notice.
  • The notice should be submitted in the prescribed form, signed by both individuals.

Public Notice and Objection Period under Special Marriage Act::

  • The notice will be published by the Registrar and displayed on the notice board of the Registrar’s office for 30 days.
  • During this period, if anyone objects to the marriage (on valid legal grounds), they can raise an objection.

Resolution of Objections under Special Marriage Act::

  • If an objection is raised, the Marriage Officer will investigate the matter.
  • If the objection is found valid under the law, the marriage cannot proceed until the objection is resolved.
  • If no valid objection is raised or if objections are dismissed, the marriage will proceed.

Solemnization of Marriage under Special Marriage Act::

  • After the 30-day notice period, the marriage is solemnized in front of the Marriage Officer.
  • Both parties, along with three witnesses, must appear before the Registrar on the day of solemnization.
  • The solemnization of the marriage can be in any form, but both parties must make a declaration in the presence of the Registrar and the witnesses that they take each other as spouses.

Marriage Certificate under Special Marriage Act:

  • After the marriage is solemnized, the Marriage Officer will issue a Marriage Certificate, which is legally binding and serves as proof of the marriage.
  • The certificate will be signed by the couple, the witnesses, and the Registrar.

Documents Required for Special Marriage Registration:

Notice of Intended Marriage (form as prescribed by the Registrar)

Proof of Age under Special Marriage Act::

  • Birth certificate
  • School leaving certificate
  • Passport

Proof of Residence under Special Marriage Act::

  • Voter ID
  • Aadhaar card
  • Passport
  • Utility bills (electricity, water)

Affidavit stating the marital status (single, divorced, or widowed), nationality, and intent to marry.

Passport-sized Photographs of both individuals.

Death certificate or divorce decree, if applicable (for widowed or divorced individuals).

Proof of Divorce in case either party was previously married.

Conditions for Marriage Under the Special Marriage Act:

  • Age Criteria:
    • The male must be at least 21 years old.
    • The female must be at least 18 years old.
  • Free Consent: Both parties must be entering the marriage of their own free will, without any coercion.
  • Mental and Physical Capacity: Both parties should be of sound mind and capable of giving consent.
  • Monogamy: Neither party should have a living spouse from a previous marriage at the time of marriage registration.

Conclusion:

Registering a marriage under the Special Marriage Act ensures that the marriage is valid and recognized legally, without requiring adherence to religious ceremonies. After the successful completion of all steps, the marriage certificate issued by the Registrar serves as legal proof of the marriage.

CLICK HERE- MARRIAGE REGISTRATION UNDER HINDU MARRIAGE ACT