The Special Marriage Act in India allows people from different religions, castes, or nationalities to get married without the need for conversion or renunciation of their respective faiths. Here’s an overview of the procedure to register a marriage under the Special Marriage Act:
1. Notice of Intended Marriage (Form I):
Both parties need to give a notice in writing to the Marriage Officer of the district in which at least one of them has resided for at least 30 days prior to the date of the notice.
The notice must be in the prescribed format (Form I) and should include information about the intended marriage, such as date, place, and details of the parties involved.
2. Publication of Notice:
After receiving the notice, the Marriage Officer will publish it publicly to invite objections, if any, from the public.
The notice is typically displayed on the notice board of the Marriage Officer’s office.
3. Objections:
If there are no objections or if the objections are found to be invalid, the marriage can proceed.
4. Declaration and Oath (Form III):
After the waiting period of 30 days, the Marriage Officer will proceed to solemnize the marriage.
Both parties, along with three witnesses, must appear before the Marriage Officer.
Both parties must make a declaration in Form III of the Special Marriage Act, affirming that they are not related to each other within the prohibited degrees of relationship.
They must also state that they are of sound mind, capable of giving valid consent, and that there is no other legal impediment to their marriage.
5. Marriage Certificate (Form IV):
After the declaration and oath, the Marriage Officer will solemnize the marriage by signing the marriage register in the presence of the parties and witnesses.
The Marriage Officer will issue a marriage certificate in Form IV, which is conclusive evidence of the marriage.
Important Points to Note:
Both parties must be at least 21 years of age for males and 18 years for females.
Both parties should be unmarried or legally divorced/widowed.
The marriage can take place in the office of the Marriage Officer or at any other place agreed upon by the parties.
At least three witnesses should be present at the time of solemnization.
The marriage can be solemnized on any working day.
The marriage certificate is proof of the legal marriage and is required for various legal purposes.
It’s essential to consult with the local Marriage Officer or the sub-registrar’s office in your area to get detailed information on the specific requirements and procedures, as they may vary slightly from one jurisdiction to another. Additionally, you may need to submit supporting documents such as birth certificates, residence proof, and passport-sized photographs along with your application.
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