When parties of the intending marriage
are from different religious backgrounds, then marriage will be performed under
the Special Marriage Act, 1954, and they can directly apply in the office of
the Marriage Registrar for Solemnization & Registration of marriage, and
grant of Marriage Certificate.
What
is the Special Marriage Act, 1954?
The
Special Marriage Act, 1954 is an Act with the provision for civil/court
marriage for people of India, and all the Indians living in India or abroad
irrespective of their religion can enter into a bond of marriage.
Who
can register Marriage under the Special Marriage Act?
➣The parties whose
marriage cannot not be solemnized according to religious customs due to
inter-faith or inter –caste marriages.
➣The parties who have
already performed their marriage as per religious customs but also wanted to
register the marriage under this Act.
➣The parties who don't
want a religious marriage, and prefer marriage under this Act.
Condition
of Marriage under Special Marriage Act, 1954
Before
applying for the registration of marriage under Special Marriage Act, you must
fulfill the following essential conditions:
➤Both the parties must be
a citizen of India.
➤Neither of the parties
should have a living spouse at the time of marriage.
➤Both the parties must be
mentally fit to give their fee consent for the marriage.
➤Neither of the parties
should suffer from a mental disorder which makes them unfit for marriage and or
having children.
➤Neither of the parties
has been subject to recurrent attacks of epilepsy or insanity.
➤The bridegroom must be at
least 21 years and bride 18 years at the time of applying for marriage.
➤The parties should not be
within the degree of forbidden relationships.
Procedure
for Marriage Registration under Special Marriage Act:
➧The
parties have to file an application with documents for the issuance of public
notice in the office of the Marriage Registrar. However one of the parties can
file the application for notice, if he is living in that jurisdiction for a
period of at least 30 days.
➧When the Marriage officer
received the application dully signed by both the parties, then they release a
public notice for inviting objections within a period of 30 days.
➧One copy of the notice is
pasted on the notice board of the office and a copy of the notice is sent to
the parties.
➧If no objection received
by the Marriage official after the expiry of 30 days from the date of
publication of Notice, then the marriage may be solemnized.
➧The marriage can be
solemnized at any place in the same district and even at the specified marriage
registrar office.
➧Both the parties of the
marriage along with three witnesses are required to be present before the
Marriage Registrar on the date of registration /solemnization of marriage.
When
the marriage is solemnized, then the Marriage officer will issue a Marriage
Certificate after entering in a register and after taking the signature of both
the parties and three witnesses. This Marriage Certificate is a legal proof of
Marriage under the Special Marriage Act, 1954.
Documents
required for Registration of Marriage under this Act:
👉The application signed by the both the parties
👉Receipt of Fees paid along with the Notice
👉Proof of residence of both the parties, like Election
Card, Aadhar Card, Electricity Bill, etc.
👉Proof of date of birth of both the parties, like birth
certificate, educational certificate, passport etc.
👉Affidavit of both the parties
👉Two passport size photograph of both the parties
👉Documentary proof of staying more than 30 days
👉Death certificate or divorce decree, in case of earlier
marriage
👉Proof of residence and identity of all the three
witnesses.
Reply
of your Questions:
Can
Muslims marry under Special Marriage Act?
Yes,
Any person, irrespective of religion, whether that person is Hindus, Muslims,
Buddhists, Jains, Sikhs, Christians, Parsis, or Jews can perform marriage under
the Special Marriage Act, 1954, and even Inter-religion marriages are performed
under this Act.
To
whom does the Special Marriages Act apply?
The Special Marriages Act applies to all, irrespective of
the religion, caste, language of the parties of marriage.
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