Theme: Marriage

The following are the conditions you have to keep in mind at the time of marriage:(( Section 4, The Special Marriage Act, 1954.))

• Neither party has a living spouse.
• Neither party:
  • is incapable of giving valid consent to the marriage in consequence of unsoundness of mind.
  • though capable of giving valid consent, has been suffering from mental disorder of such a kind that they are unfit for marriage and unfit to have children.
  • has been subject to recurrent attacks of insanity or epilepsy.
• The male is at least twenty-one years of age and the female is at least eighteen years of age.
• The parties are not within the degrees of prohibited relationship.

Marriages governed by customs

In cases where customs are involved for a person belonging to a tribe, community, group, or family, the State Government can make rules governing them and the solemnization of marriage. This is not needed in cases where:

• Such customs have been continuously observed for a long time among the members.
• Customs or rules are not against public policy.
• The customs or rules are applicable only to a family and the family is still continuing the practice.

In cases where the marriage is solemnized in the State of Jammu and Kashmir both parties should be citizens of India living in the territories to which the Act extends.

 

The process of registration for a Special Marriage is as follows:

Give notice to the Marriage Officer

• When a marriage is to be performed under this law, the parties getting married shall give notice(( Section 5, The Special Marriage Act, 1954.)) in writing to the Marriage Officer of the district in which at least one of them has lived for at least thirty days immediately before the date of the notice. Upon receiving an application signed by both the marrying parties for the registration of their marriage, the Marriage Officer shall give public notice and allow thirty days for objections, and hear any objection received within that period.

• The Marriage Officer will keep all such notices with the records of their office and will also enter a true copy of every such notice in a Marriage Notice Book,(( Section 6, The Special Marriage Act, 1954.))  which must be open for inspection at all reasonable times, without fee, by any person.

• The Marriage Officer shall publish every such notice by attaching a copy to some noticeable place in their office. Where either of the marrying parties is not permanently living within the district of the Marriage Officer, the Officer shall also pass on a copy to the Marriage Officer of the district where they are permanently living, and that Marriage Officer shall attach a copy to some noticeable place in their office.

Sign a declaration for marriage

• Before the marriage is performed the parties and three witnesses will sign a declaration(( Section 11, The Special Marriage Act, 1954.)) in the presence of the Marriage Officer, and the declaration will also be signed by the Marriage Officer. The declaration is in the form specified in the Third Schedule of the Act.

Performance of Marriage and Marriage Certificate

• When the marriage has been performed(( Section 12, The Special Marriage Act, 1954.)) and all the conditions are fulfilled, the Marriage Officer will enter the details in a certificate in the Marriage Certificate Book. This certificate will be signed by the parties getting married and the three witnesses. The Certificate will then be unquestionable evidence that a legal marriage has been performed and that all formalities regarding the signatures of witnesses have been followed.

 

There is no specific form or essential ceremony for a marriage under Special Marriage Act, but there are two possibilities:(( Section 12 and 15, The Special Marriage Act, 1954.))

When you and your spouse do not want religious ceremonies

• The parties can choose not to perform any religious ceremony and merely register their marriage before the Marriage Officer. You can decide how to perform the marriage but you and your spouse have to say the following to each other: ‘I, [your name] take thee [your spouse’s name] to be my lawful wife/husband.’ This has to be done in front of the Marriage Officer and three witnesses.

When you and your spouse want religious ceremonies for your wedding

• You can perform any religious ceremony (according to the personal law) and then register your marriage under the Special Marriage Act. There is one condition: you and your spouse should have been living as husband and wife from the date of the ceremony until the date of registration.