THE SPECIAL MARRIAGE ACT,1954
This act provides the performance of a marriage in a civil court. according to this act, it is not necessary for a person to belong to a particular caste or religion.
Any person, belonging to any religion- hindu, muslim, sikh, jain, buddhist, parsi, jews or christians can marry under this act.
Inter-caste marriages are also allowed under this act.
This Act is applicable to the entire territory of India (excluding the states of Jammu and Kashmir) and extends to intending spouses who are both Indian nationals living abroad.
For a marriage to be performed , a notice is to be sent to the marriage registrar by any one of the parties interested to perform the marriage.
The format of the notice which need to be sent is specified under schedule II of the act.
[
Solemnisation
of Marriage under Special Marriage Act]
Special Marriage Act, 1954 provides for
solemnisation of marriages in accordance with the provisions of the Act. SDMs/ADMs/Deputy
Commissioners have been authorised as Marriage Officers for this purpose.
Q. From where one have to go and during which hours?
To the office of
ADM front window during
10.30 a.m. to 4.30 p.m. on any working day.
Q. Which papers/documents/fees,need to be kept along?
-
Application form duly filled and signed by the bride and the
groom.
-
Fee of Rs. 50/- is to be
deposited with Marriage Clerk at the time of submission of form and Rs. 100/-
at the time of solemnization of marriage.
-
Documentary evidence of date
of birth of both parties (Matriculation Certificate/Passport/Birth
Certificate).
-
Documentary evidence
regarding stay in Delhi of one of the parties for more than 30 days (Ration
Card/ Election I Card / Passport).
-
Separate affidavits from bride and groom giving:
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Date of birth.
-
Present marital status:
unmarried/widower/ divorcee.
-
Affirmation that the
parties are not related to each other within the degree of prohibited
relationship defined in the Special Marriage Act.
-
Passport size photographs of both parties (2 copies each) duly
attested by a Gazetted Officer.
-
Copy of divorce decree/order
in case of a divorcee and death certificate of spouse in case of
widow/widower.
All the above
documents except affidavit should be attested by Gazetted Officer.
Q. What will be procedure for acceptance of one's case?
For
solemnization of marriage, presence of both parties is required after
submission of documents of issuance of notice of intended marriage. A copy of
the notice is pasted on the office notice board by the ADM. Any person may
within 30 days of issue of notice , file objection to the intended marriages.
In such a case, the ADM shall not solemnize the marriage until he has decided
the objection, within 30 days of its receipt. If the ADM refuses to solemnize
the marriage, any of the parties may file an appeal within 30 days to the
District Court. In case no objection is received, the ADM solemnizes the
marriage after 30 days of the notice. Both parties alongwith 3 witnesses are
required to be present on the date of solemnization of marriage. It is
advisable to submit names of witnesses atleast one day in advance.
Q. When will one get the response?
You should be getting a response normally
within 60 days.
(http://dcnorth.delhigovt.nic.in/Marriage.htm)
The notice must be sent to the marriage registrar of the district in which one party is residing.
if one is not a permanent resident of a place, then he or she must reside at that place of residence for at least a period of 30 days before the submission of the notice to the registrar.
the notice sent, then will be published in the office of the registrar. if either of the parties are not the permanent resident then the copy of the same notice will be sent to the marriage registrar's office of the district where the parties have their permanent residence.
if a person has an objection to intend the marriage he /she can file an objection in the marriage registar's office within 30 days of publication of the notice. an investigation takes place for the objection, and if the objection held is true under and prohibited case then the marriage cannot be solemnized. the parties can hence file an appeal in the district court for the solemnization of the marriage. the decision of the district court will be held as final decision and the registrar will work according to the orders.
if there is no objection held, the parties will receive a letter from the marriage registrar stating that the parties are now allowed to get married. the parties need to pay some amount of fees as prescribed by the state government under this act.
the parties have to sign a declaration form as stated in schedule III ie (unmarried, widower, widow or divorcee) age and relationship i.e they both are not in the frame of prohibited relationship
Degrees
of Prohibited relationship as per the Special Marriage Act, 1954
Section
2 (b):
"Degrees of
prohibited relationship" – a man and any of the persons mentioned in Part I of
the First Schedule and a woman and any of the persons mentioned in Part II of
the said Schedule are within the degrees of prohibited relationship.
Explanation
(I) – Relationship includes, --
-
relationship by half or uterine blood as
well as by full blood;
-
illegitimate blood relationship as well as
legitimate;
-
relationship by adoption as well as by
blood;
and all
terms of relationship in this Act shall be construed accordingly.
Explanation
(II)
– "Full blood"
and "half blood" – two persons are said to be related to each other by full
blood when they are descended from a common ancestor by the same wife and by
half blood when they are descended from a common ancestor but by different
wives.
Explanation
(III)
– "Uterine blood"
– two persons are said to be related to each other by uterine blood when they
are descended from a common ancestress but by different husbands.
Explanation
(IV)
– In Explanations
II and III, "ancestor" includes the father and "ancestress" the mother;
(http://dcnorth.delhigovt.nic.in/Marriage.htm)
the marriage then will be held as solemnized by saying in presence of the registrar and 3 witnesses that " I 'A' take thee 'B' to be my lawful wife/ husband.
A certificate is then issued to the parties which signed by both the bride and the groom as well as by the three witnesses. the certificate is duly stamped by the registrar and is recorded in the marriage register.
