Guide on Registration of Inter-religious Marriages

How can the guide help you?

The Nyaaya Guide on Inter-religious Marriages outlines the process involved if you wish to enter into an inter-religious or inter-faith civil marriage. Under the Special Marriage Act, 1954, two people belonging to different religions can get married without converting to another religion. This guide summarizes the legal and procedural aspects of entering into an inter-religious (special) marriage,  including giving notice of the marriage, performing the marriage, and obtaining the marriage certificate.

What are the laws being discussed in the guide?

The Nyaaya Guide on Inter-religious Marriages  explains the Special Marriage Act, 1954. This Guide only covers the general law based on the Special Marriage Act, and you might have to refer to state-specific Special Marriage rules and procedures for more detailed information suited to your situation.

PROCEDURAL INFORMATION

Things to Remember Before Applying

Who can get married under the Special Marriage law? 

Irrespective of religion, any two people can marry under the Special Marriage Act as long as certain conditions¹ are fulfilled. However, the Act only provides for a marriage between a man and a woman, and has not yet expanded its scope to cover same-sex couples and transgender people.

Who is eligible to marry under the Special Marriage law? 

• If you want to get married under this law, then at the time of the marriage you should be:
  • Single or Divorced. You should not be married to another person who is currently alive.
  • Capable of giving consent to the marriage with a sound mind.
  • Fit for marriage. This means you should not be suffering from any mental disorder that prevents you from having children.
  • Of marriageable age. At least twenty-one years of age (if you are a man), or eighteen years of age (if you are a woman).
  • In a relationship which is not prohibited by law. For instance, you cannot marry your own brother, sister, aunt etc. You can see the list of prohibited relationships here.((First Schedule, Special Marriage Act, 1954.)) 

Where do you go to register an Inter-Religious (Special) Marriage?

To register a special marriage, you should go to the Marriage Officer’s office, found in every district.

STEPS FOR AN INTER-RELIGIOUS (SPECIAL) MARRIAGE

1. Giving Notice of the Marriage

If you want to get married under the Special Marriage Act, you need to give a written notice of the marriage. The notice should be sent to the Marriage Officer of the district where you or the person you want to marry have been living. You should have been living in the district you are giving notice in for at least thirty days before notifying the Officer.

You have to submit documents for registering the marriage. While the required documents vary according to the State/Union Territory, here is a general list of documents you might require:

• Multiple copies of the signed Marriage Application Form
• Age Proof (Birth Certificate, Passport, etc.)
• Address Proof (Ration Card, Passport, Voter ID Card, etc.)
• Photo Identity Proof (PAN Card, Voter ID Card, etc.)
• Passport-size photographs of the bride and bridegroom

The marriage must be performed within three months from the date of giving notice to the Marriage Officer, or the notice becomes invalid. After that, no Marriage Officer will conduct the marriage until you give a new notice.((Section 14, Special Marriage Act, 1954.)) 

2. Publication of the Notice

The Marriage Officer will keep the notice with their office records and enter a true copy in the Marriage Notice Book, which can be inspected by any person at all reasonable times, free of cost.((Section 6(1), Special Marriage Act, 1954.)) The Officer will also publish the notice by attaching a copy of the notice in a clearly visible place in their office.((Section 6(2), Special Marriage Act, 1954.)) 

At the time of applying for marriage, if you are not  permanently residing within the district, the Marriage Officer will transfer a copy of the notice to the Marriage Officer of the district where you are permanently residing, and that Marriage Officer will attach a copy of the notice in a clearly visible place in their office.((Section 6(3), Special Marriage Act, 1954.)) 

3. Objecting to the Marriage

After a Marriage Officer publishes the marriage notice, any person can object to the intended marriage if it violates any of the conditions for a valid marriage under the Special Marriage Act. The  objection must be made within thirty days of the notice publication.((Section 7(1), Special Marriage Act, 1954.)) 

4. Upholding Objection

If the Marriage Officer upholds the objection and refuses to perform the marriage, you can appeal to the concerned district court i.e., the court having judicial authority in the district where the Marriage Officer has their office. You should make the appeal within thirty days of the Officer’s refusal. The district court will take the final decision on the appeal, and the Officer will obey the decision of the court.(( Section 8(2), Special Marriage Act, 1954.)) 

If the marriage is not performed within three months of the court’s decision, the marriage notice becomes invalid, and no Marriage Officer will conduct the marriage and you will have to give a new notice.((Section 14, Special Marriage Act, 1954.)) 

5. Performing the Marriage

Before the marriage is performed, you, the person you are marrying, as well as three witnesses, should sign a declaration(( Section 11, Special Marriage Act, 1954.)) in front of the Marriage Officer. The Officer will also sign the declaration.

You can perform the  marriage at the office of the Marriage Officer. You can also choose to get married at any other place within a reasonable distance from the office. However, for this, you have to pay additional fees.² 

You can conduct the marriage in any form or religious practice that you wish to follow. For instance, it can be a Hindu religious ceremony or a wedding in a church. However, any special marriage is only complete if you and the person you are marrying say the following statement in front of the Officer and three witnesses:

 “I, (A), take (B), to be my lawful wife (or husband)”. 

This statement can be made in any language you understand.(( Section 12(2), Special Marriage Act, 1954.)) 

6. The Marriage Certificate

After the marriage has been conducted, the Marriage Officer will enter a certificate in the Marriage Certificate Book.

You, the person you are marrying as well as  three witnesses must sign the marriage certificate.³ After the Officer enters the  certificate in the Book, this certificate becomes conclusive evidence of the marriage.

RESOURCES

Help and Support

Given below are specific State/Union Territory registration websites and related online services for Special Marriages.

Checklists

1. Check whether you are eligible to marry under the Special Marriage Act, 1954.
2. Notify the district Marriage Officer about the intended marriage. 
3. Submit the marriage application form, along with required documents and fees.
4. Check whether anyone has objected to the marriage. 
5. Ensure that you have three witnesses to the marriage.
6. Sign the marriage declaration and ensure that you make the statement: “I, (A), take (B), to be my lawful wife (or husband)” in front of the Marriage Officer.
7. Get a copy of the Marriage Certificate from the Marriage Officer.

Source of Information

• Legislation

Special Marriage Act, 1954

• Legal news articles

Plea to recognise same-sex marriages, Bar and Bench, accessed at https://www.barandbench.com/news/litigation/delhi-high-court-grants-last-opportunity-centre-respond-recognise-same-sex-marriages

• Nyaaya Daily

5 things you didn’t know about Inter-religious Marriages, accessed at https://nyaaya.org/nyaayadaily/5-things-you-didnt-know-about-inter-religious-marriages/  

GLOSSARY TERMS

• Marriage Officer – A person appointed by the State Government after notification in the Official Gazette. The main duty of a Marriage Officer is to facilitate the marriage registration and provide the certificate of marriage.

1. Section 4, Special Marriage Act, 1954. [↩]
2. Section 12(1), Special Marriage Act, 1954. [↩]
3. Section 13(1), Special Marriage Act, 1954. [↩]